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1997r I 1. 2. 3. 4. 5. 6. 7. J JACKSONVILLE PLANNING COMMISSION AGENDA #1 Municipal Drive 7:00P.M. JANUARY 13, 1997 OPENING REMARKS: Mayor Swaim ELECTION OF OFFICERS: Planning Commission Chairman, Vice Chairman-Board of Adjustment Chairman and Board of Adjustment members. ROLL CALL: APPROVAL AND/OR Regular Planning Commission CORRECTION OF MINUTES: Meeting December 9, 1996 PUBLIC HEARINGS: 7:00P.M. a. REZONING General location Trickey Lane and Redmond Road R-4 to C-1. (Petitioner: Cy & Betta Carney) b. REZONING General location Northgate Drive from C-3 to C-4. (Petitioner: J.C. George) REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. SKETCH PLAT: Jacksonville Industrial Subdivision Petitioner: Jacksonville Commercial Corporation (Represented by Bond Engineering) (info included in packet) 1'7 PAGE 1-4 5-8 9-13 14 PLANNING COMMISSION A G E N D A continued January 13, 1997 8. REQUEST TO SET PUBLIC HEARINGS: ADJOURNMENT b. SKETCH PLAT: Burroughs Proposed Subdivision Petitioners: B.J. & Brian Burroughs (Represented by Bond Engineering) (info included in packet) 15 c. PRELIMINARY & FINAL: Kevin Subd. (Drawing avail. by 1-1 0-97) Petitioner: Jim Peacock d. Replat of Lots 2,3, & 4 Edgewood Subdivision (Drawing avail. by 1-1 0-97) Petitioner: Rocky Mantooth . I J OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Art Brannen, Mark Perry and John Hardwick answered ROLL CALL. Commissioner Patton was ill. Chairman Bart Gray Jr. also answered ROLL CALL and commented that all commissioners have been sworn in, declaring a quorum. PRESENT six (6), ABSENT (1). (two vacancies remain on the Planning Commission) Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, and petitioners. ELECTION OF OFFICERS FOR 1997: Past Chairman Gray announced that nominations for Chairman and Vice Chairman were in order. Commissioner Brannen moved that the slate of Officers for the previous year be retained; Chairman Bart Gray Jr. , and Vice Chairman Art Brannen also Board of Adjustment Chairman. Commissioner Mark Perry seconded the motion. Commissioner Hardwick moved that the nominations cease. All Commissioners voted that nominations cease. At this time a vote was taken on the original motion of nominations. MOTION CARRIED. The following are volunteers to serve as members of the Board of Adjustment: Commissioners John Hardwick and Mark Perry. Chairman Gray affirmed the members of the Board of Adjustment serving from the Planning Commission: Chairman Art Brannen and Commissioners John Hardwick and Mark Perry. PUBLIC HEARINGS: 7:00 P.M. Chairman Gray opened a public hearing at approximately 7:13 p.m. a. REZONING General location Trickey Lane and Redmond Road R-4 to C-1 (Cy and Betta Carney, petitioner) legally described as follows: Part of the SE 1/4 of the SW 1/4 of Section 30, Township 3 North, Range 10 West, Jacksonville, Pulaski County, 1 /? CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. Arkansas, being more particularly described as follows: commencing at the Southeast corner of the said SE 1/4 SW 1/4; thence North 00 degrees 28' 26 11 East 274.87 feet; thence North 87 degrees 50' 47 11 West 190.00 feet to the point of beginning; thence North 87 degrees 50' 47 11 West 249.77 feet; thence North 33 degrees 04' 5811 East 102.21 feet; thence North 32 degrees 46' 02" East 540.33 feet; thence North 64 degrees 30' 43 11 East 101.07 feet; thence South 450.00 feet; thence North 87 degrees 50' 47" west 190.00 feet; thence South 150.00 feet to the point of beginning, containing 2. 76 acres, more or less. General location: Trickey Lane and Redmond Road area. Ms. Julia Ann Carney r:eprer::;eHLeu heL faLher, the petitioner for the rezoning request. She expressed that his intent is to construct a 30' X 50' light industrial building. She pointed out that there is light commerciQl across the railroad track from the property. She voiced that there are also nice mobile homes in the area adding that perhaps a mobile home for the caretaker for the venture will be placed nearby. She related that development plans are not complete for the entire parcel. Chairman Gray explained Jacksonville Municipal Code requirements for C-1 zoning. He mentioned that a Board of Adjustment hearing may be necessary to complete the project. After some consideration of the request, Ms. Carney withdrew the request to compile more information for the Planning Commission. Chairman Gray voiced that the item would be held in abeyance and given consideration at the next Regular Planning Commission Meeting closing the Public Hearing at approximately 7:20 p.m. b. REZONING General location Northgate Drive from C-3 to C-4 (J.C. George, petitioner) legally described as follows: Part of the Southwest Quarter of Section 17, Township 3 North, Range 10 West, in the City of Jacksonville, Pulaski County, Arkansas, more particularly described as follows: Commence at the Southeast corner of said Southwest Quarter; thence South 89 degrees 52 minutes West 1254.77 feet to the Point of Beginning; thence South 89 degrees 52 minutes West 981.93 feet; thence North 03 degrees 22 minutes East 469.59 feet; thence South 63 degrees 57 minutes East 1062.26 feet to the Point of beginning. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. Chair.man Gray opened the Public Hearing at approximately 7:20p.m. Mr. Jim Peacock represented Mr. George stating that the reason for the request is make the project more feasible in that a 25' setback is desired relating that the property is long and narrow. He pointed out that present zoning requires a 50' front yard setback. He said that the intended use is refrigerated warehousing which is lacking in the City of Jacksonville. He said that the venture would probably not cause a traffic problem of any kind in that traffic flow is minimal at this time. Commissioner Brannen questioned whether a buffer is planned in relation to adjoining housing. Mr. Peacock stated that the 25' setback variance on the front is desired so as to create a green area in the rear of the warehouses. Chair.man Gray closed the Public Hearing at approximately 7:22 p.m. Commissioner Brannen moved, seconded by Commissioner Perry to approve the request to rezone the parcel legally described in these minutes located on Northgate Drive from C-3 to C-4. MOTION CARRIED. Chairman Gray voiced that the r equest will go before the City Council at their Regular Meeting scheduled for Janu ary 16, 1997. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Perry that the minutes of the December 9, 1996 Regular Planning Commission Meeting be APPROVED as corrected. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: No requests were presented. REQUEST TO APPROVE BUILDING PERMITS: No requests were presented. REQUEST TO APPROVE PLATS: a. SKETCH PLAT: Jacksonville Industrial Subdivision Chairman Gray recognized Mr. Tommy Bond to address the item of business. He related that the plat represents an endeavor by the City of Jacksonville, various business leaders, and the Chamber of Commerce to develop an industrial park. 3 ~( CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. He pointed out that this is a part of the acquisition of approximately 150 plus acres. Chairman Gray voiced that he is serving on the corporation and will abstain from the voting process of the Planning Commission. He said that the plat encompasses almost a forty acre tract of the park grounds. Mr. Bond expressed that the original intention is to develop lots that will vary from one to five acres. He said that it is further intended to develop about five or six lots in the first phase. He noted that water and sewer is reasonably readily available and that the street will be constructed as proposed. He pointed out that LlLi.l::l ls one of about six parcels which lie u.long Redmond and General Samuels Rds. The general purpose of a sketch plat was explninP.rl hy City Engineer Reel and Chairman Gray to be a concept plan of what a developer is proposing to do without a lot of expense invested in engineering etc. With acceptance by the City Engineer and the Planning Commission, the consulting engineer can proceed with formal plans for water, sewer, street, and a preliminary plat. City Engineer Reel pointed out that if there is a great deviation between the Sketch Plat and the Preliminary Plat, approval should be delayed until the differences are reconciled. City Engineer Reel stated that his office checks the sketch plat against the preliminary plat to verify any changes and advise the developer of anything which should be addressed. He noted that there is a standard check list, of which the develOper is aware, used in the process. Mr. Bond said that the particular piece of land lends itself to a culdesac or a loop street. He added that the general consensus of those in the planning of the development was that the loop street presents itself a better plan for commercial or industrial development which would allow large vehicles in and out for easier access. Chairman Brannen moved, seconded by Commissioner Reid that the Sketch Plat of Jacksonville Industrial Subdivision be APPROVED. MOTION CARRIED with all members present voting AYE except Chairman Gray who ABSTAINED. b. SKETCH PLAT: Boroughs Proposed Subdivision Chairman Gray recognized Mr. Tommy Bond who explained that the parcel is located west of Shady Lane and east of Main Street. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. He said that zoning is R-0 and that the concept is to meet that minimum lot size, 70 X 100 adding that Tract A is inside the ditch and that at this time final determinations have not been made for the parcel. He said to be above the flood plain substantial fill will be required. He pointed out that lots 19 through 22, would take some fill and are within the flood plain adding that about six or eight of the other lots are touched to a minimum by the flood plain. He stated that '' f 11 would be used in plat preparation acknowledging flood plain designation. He related that the street is 750 to BOO feet. He said that there may have to be a variance requested with regard to street length. Chairman Gray questioned entrance in relation to the S curve. Mr. Bond stated that the location of the access is about as good as it can be considering drain location and the curve pointed out by Chairman Gray. City Attorney Bamburg located the Jacksonville Municipal Code requirement of 750' for the length of culdesacs. Commissioner Hardwick moved that the SKETCH PLAT of Boroughs Subdivision be accepted as proposed. MOTION CARRIED. c. PRELIMINARY & FINAL PLATS: KEVIN SUBDIVISION Chairman Gray recognized Mr. Jim Peacock who represented the petitioner. He related that the subdivision is a little unusual in that a street is already in existence, all utilities are in place, and that the primary purpose is to comply with City regulations noting that the parcel is not described by metes and bounds. He said that the remaining vacant property at the end of Jane Drive zoned R-2 which will allow for the construction of duplexes or single family housing. City Engineer Reel voiced that the lots are cleared and awaiting development. He said that a response is expected from the utility companies, that he does not see the need for additional work by the developer. Commissioner Hardwick moved, seconded by Commissioner Brannen that the Preliminary and Final Plats of the Kevin Subdivision be APPROVED as presented. MOTION CARRIED. (Final Plat to be presented to the City Council 1/16/97) 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. d. Replat of Lots 2, 3, & 4 Edgewood Subdivision Chairman Gray recognized Mr. Rocky Mantooth who represented the replat request. Mr. Mantooth related that his proposal is to put in a ladies dress shop and some office c omplexes . He said that the construction is designed in s u c h a way that wil l not impede vision at the intersection of J ames and t h e a c c e ss road. He pointed out that the request will affect lots 2, 3, and 4. Commissioner Brannen voiced that he was under the impression that lots 2, 3, and 4 were never rezoned to C-2. Mr. Mantooth mentioned a document filed on December 14, 1959 that did take Block 1 lots out of any of the Bills of Assurance with regard to the original documents governing Edgewood Subdivision. Mr. Brannen stated that Lot 1 went to the Highway Department. Mr. Charles Lowry, 912 Braden Cove, addressed the Commission. He related that the 1959 replat was voided by a court order. He gave dates of 28 September 1983 and 7 June 1983 as the time of court action relating to controversy with regard to Edgewood Subdivision. He said that the zoning of Lot 2 was commercial in the findings of the court at that time, adding that an insurance office was operating on that location. He said that the court order was that it could remain, quoting Paragraph 15, "The landowners of Edgewood Subdivision to the town of Jacksonville have acquiesced to the commercial use of Block 1, Lot 2, as long as the use is restrained and similar with an impact substantially the same as previous users. He pointed out that the original Bill of Assurance can be changed thru a petition signed by 51% of the property owners. He said that property owners have had the assurance that the subdivision would remain as single family dwellings. He noted that single family dwellings have been built on the west side of Hospital Street and that there are three lots, 2, 3, and 4, left. He said that he could see no reason why a commercial venture should be put at the location, that it is not suitable for the same relating that the matter has been through the courts once and that he will endeavor to do the same again if necessary. Chairman Gray requested that all information from Mr. Lowery & Mr. Mantooth be made available to the City Attorney for his perusal. 6 . I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. -8:10 P.M. Mr. Mantooth expressed that he has documentation with regard to changes made when Lot 1 was designated Highway Department property. Chairman Gray related that more information is needed for the Planning Commission to make their decision regarding the replat request of Lots 2, 3, & 4. Mr. Mantooth documentation him to advise the request. related some involvement with Metroplan which is to be presented to the City Attorney to enable the Planning Commission in further consideration of Commissioner Brannen moved that the Replat of Lots 2, 3, & 4 be tabled until the next Regular Meeting of the Planning Commission. MOTION CARRIED. He encouraged that the replat show all changes desired, and that all information be made available to the City Attorney in that he is the legal advisor for the Planning Commission, so that a decision can be reached at the next meeting. PUBLIC HEARINGS: No requests were submitted. ANNOUNCEMENTS: Chairman Gray related that the ANNUAL REPORT of the Planning Commission for 1996 has been made available to each member and should be reviewed for approval or correction at their next regular meeting. Chairman Gray announced that the Planning Commission should renew efforts with regard to Main Street Revitalization Project and a general consensus of the Commission was to schedule a re- orientation meeting for 7:00 p.m. 30 January 1997 at City Hall. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:10 p.m. Respectfully, ~Vk_.~ Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 7 JACKSONVILLE PLANNING COMMISSION AGENDA SPECIAL MEETING 1. OPENING REMARKS: 2. ROLL CALL: 3. REQUEST FOR A VARIANCE: 4. GENERAL DISCUSSION ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. JANUARY 30, 1997 Lots 1 ,2,3,4, and 5 of Kevin Subdivision General location: Jane Drive and Smart Street Mainstreet Revitalization Project J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 30, 1997 7:06 P.M. -7:15 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Dana Nixon, Bob Walker, Mark Perry and John Hardwick answered ROLL CALL. Commissioners Reid, Brannen and Patton were absent. Chair.man Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT five {5), ABSENT {3). {one vacancy remaining on the Planning Commission) Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Mr. Phil Sullivan, petitioners and visitors. REQUEST TO SET UP PUBLIC HEARINGS: Chairman Gray voiced that a request has come before the Planning Commission to set a public hearing requested by Linda Koubek with regard to placement of duplex units on Jane Drive. He related that the variance is necessary and that Commission is the body which should hear the request. to the developer is an important factor and that request would be a fair advantage to the petitioners. that a public hearing be set for February 6, 1997 previous to the Regular City Council Meeting. the Planning In that time he felt the He requested at 6:00 p.m. Commissioner Hardwick moved, seconded by Commissioner Perry that a Special Meeting of the Planning Commission be set for 6 February 1997 at 6:00 p.m. to hear the request for a variance from the Jacksonville Municipal Code Chapter 18.28.010. All members voted AYE. MOTION CARRIED. Chairman Gray voiced that a public notice will appear seven days before the hearing in a local publication. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 7:15 p.m. An informal meeting of the Planning Commission followed. There was general discussion regarding the part the Planning Commission can accept in revitalizing downtown Jacksonville. Past efforts in the 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 30, 1997 7:06 P.M. -7:15 P.M. project were reviewed and future work was outlined as follows: Traffic Flow Planning, Safe Vehicle/Ped MVMT, Crosswalk Signals, Architectural Theme, Development Incentives, and Design/Zoning Standards. A Streetscape Committee made up of Mr. Ben Rice, Chairman, Mr. Jim Dornblaser, Mr. Bob Walker, Mr. Mark Perry, Mr. Pat O'Brien and Mrs. Dana Nixon was formed. A Structure Committee made up of Mr . John Harwick, Chairman, Mr. Kenny Elliott, Mr. Art Brannen, Mr. Lloyd Friedman, and Mr. Bart Gray Jr. was also formed. Chairman Gray requested that thei!' :r:ecutmuemla.Lluns be brought before the Planning Commission for further consideration encouraging that meetings be held as soon as possible. He related that an informal meeting with representation from outside the City will follow the Regular Planning Commission on February 10, 1997. Respectfully, 2 . I JACKSONVILLE PLANNING COMMISSION AGENDA SPECIAL MEETING 1. OPENING REMARKS: 2. ROLL CALL: 3. REQUEST FOR A VARIANCE: ADJOURNMENT #1 Municipal Drive 6:00P.M. FEBRUARY 6, 1997 Lots 1 ,2,3,4, and 5 of Kevin Subdivision General location: Jane Drive and Smart Street OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 6, 1997 6:34 P.M. -7:06 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Dana Nixon, Bob Walker, Mark Perry and John Hardwick answered ROLL CALL. Commissioners Reid, Brannen and Patton were absent. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT five (5), ABSENT (3). (one vacancy remaining on the Planning Commission) Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, petitioners and visitors. REQUEST FOR VARIANCE: Lots 1,2,3,4, and 5 of Kevin Subdivision General Location: Jane Drive and Smart Street Chairman Gray introduced the item of business, which had been duly advertised as a public hearing for 6:00p.m., before the Planning Commission regarding a variance requested by Linda Koubek for placement of duplex units on Jane Drive in Kevin Subdivision and zoned R-2. He said that the variance is in the terminology of "site built". Ms. Mary Nash, an attorney, introduced herself to the Planning Commission as a partner with Linda Koubek, a Financial Planner whom she also introduced. She stated that she and Ms. Koubek own five lots on Jane Drive, four at the end of Jane Drive and one lot separated by three duplexes from the other lots. She said their intent is to move five (5) duplexes onto the lots. She related that they have been working with Blaineco Structural Movers in efforts to place the units, which are about 28' wide and 60' long, on to the lots. She said that the intent is to place the units lengthwise on the lots facing each other. She pointed out that there will be a court yard and two concrete parking spaces per dwelling or four (4) places per building with a patio for each duplex out back. Pictures were presented to the Commission by Ms. Nash which showed other buildings which have been moved into Jacksonville as well as pictures of the proposed project under consideration. She explained that the units were stick built at the location from which they are being removed by Blaineco Structural Movers and that foundations will be poured as with any stick built home placed in the City of Jacksonville. She related that all Municipal Codes will be adhered to and that the units will be bricked half-way up. 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 6, 1997 6:34 P.M. -7:06 P.M. She made the Planning Commission aware of how the buildings are removed from their location and moved to a new location. She pointed out properties on Overview, Redmond Rd., Canterbury Veterinarian Clinic on South First Street, and an apartment and Church on Stone Street, and a two-story home at 212 Oakhurst Street. She said that the partnership has a supervisor who will finalize the units, replacing bathrooms, kitchen, bringing all things up to code etc., as rental properties, that they are not for resale but rental income for she and Ms. Koubek. Commissioner Rudy Reid came in at 6:50 p.m. Chairman Gray asked where the homes were originally and if they were built on site at that location. Ms. Nash voiced that they were site built on twelfth street as Highland Court and that at the time of construction they were built better than new buildings today. Mr. Blane Epperson stated that the buildings are approximately forty (40) years old. Police Chief Larry Hibbs, a resident on Towering Oaks, voiced that he would like for the integrity of the neighborhood to be maintained pointing out that the duplexes in the area are very clean at present. He pointed out that the code sets forth "site built" residences. He presented pictures of existing apartments and of Lot #1. Mr. Eric Fusch stated that he was not consulted prior to the public hearing and voiced concerns that he owns the duplex adjacent to Lot #1. He said that his biggest concern is that the duplex proposed for Lot #1 will not face the road. Chairman Gray requested clarification on placement and asthetics when the units are ready for rental. Ms. Nash related that the lot sizes are 60' wide by 140' deep and that the duplexes are 28' wide and about 60' long. She said that the duplexes will have two parking spaces each adding that it is her desire to follow code with relation to placement and that the best way to place the units is lengthwise. The roof line and porches will be comparable to existing duplexes. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 6, 1997 6:34 P.M. -7:06 P.M. Mr. Brimmage, a resident in Towering Oaks, developer voiced to him that the units will be the front and that a commitment to construct mentioned by the developer. mentioned that the partially bricked on a privacy fence was Ms. Koubek pointed out that the residents have been invited to watch the development as it progresses and that if a problem develops then it would be addressed. She said that at this point there are no plans for a fence. Mr. Fusch voiced again that he had concerns about placement of the units on Lot #1. Chair.man Gray closed the public hearing at 7:00 p.m. Commissioner Reid questioned zoning which was stated to be R-2. Commissioner Bob Walker voiced that "site built" in the code is of concern to him stating that materials used in structures built forty years ago were probably better than those constructed today. Chairman Gray voiced that the variance is a request to move the units, built on site at the time of construction, from their original location to Jacksonville. Commissioner Hardwick voiced that he feels the intent of the code is to prohibit manufactured housing and that this is clearly a separate case noting that the petitioner has presented pictures of other properties with buildings on them which have been moved into the City. Commissioner Nixon noted that there is no definition in that section of the code book for "site built". She related that she has been involved, in the Little Rock area, in structures which have been moved and renovated which have become wonderful in their adaptive reuse expressing strong support for the variance request. Commissioner Hardwick moved, seconded by Commissioner Nixon that the variance request to place five duplex units on Lots #1,2,3,4, & 5 of Kevin Subdivision be GRANTED. MOTION CARRIED. Chairman Gray expressed appreciation to Mayor Swaim and the City Council for their patience in permitting the Planning Commission to finalize the business before them. 3 J ADJOURNMENT: CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 6, 1997 6:34 P.M. -7:06 P.M. At this time Chair.man Gray adjourned the meeting at approximately 7:15 p.m. Respectfully, ~L~a~) Planning Commission Secretary CITY CLERK-TREASURER 4 33 .{ JACKSONVILLE PLANNING COMMISSION AGENDA #1 Municipal Drive 7:00P.M. FEBRUARY 10, 1997 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR a. Regular Planning Commission CORRECTION OF MINUTES: Meeting January 13, 1997 b. Special Planning Commission Meeting January 30, 1997 4. nEQUEST TO APPROVE BUILDING PERMIT{S): 5. REQUEST TO SET PUBLIC REZONING of property located on HEARING(S): McCain Street from R-0 to R-2 Petitioner: Valerie Williams-Dewese 6. REQUEST TO APPROVE PLAT{S): a. SKETCH PLAT: Proposed 77 acre Subdivision Gen. Loc. Pridmore Lane & Maddox Road. Petitioner represented by Bond :I Engineering b. REPLAT: Lots 2,3, & 4 Edgewood Subdivision. Petitioner: Rocky Mantooth c. FINAL PLAT: Lot 1, PH. I Penn Subdivision Petitioner: Boyce W. Penn 7. PUBLIC HEARING(S): REZONING: Trickey Lane & 7:00P.M. Redmond Road From R-4 to C-1. Petitioner: Cy & Betta Carney 8. PRESENTATION: Representative from Metro Plan Ref: Downtown Jacksonville Revitalization ADJOURNMENT CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Bob Walker, Mark Perry and Jolm Hardwick answered ROLL CALL. Patton was ill. Chairman Bart Gray Jr. also answered declared a quorum. PRESENT seven (7), ABSENT (1). remains on the Planning Commission) Art Brannen, Commissioner ROLL CALL and (one vacancy Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, Public Works Director Murice Green and petitioners. Chairman Gray voiced that the last item on the agenda is cancelled in that no representative from Metroplan was able to attend. He related that a special meeting of the Planning Commission and the Downtown Jacksonville Committee is scheduled for 24 February 1997 at 7:00 p.m. at City Hall urging all to attend if possible. APPROVAL AND/OR CORRECTION OF MINUTES: City Clerk Leonard noted that on page 5 of the January 13, 1997 minutes an addition of, "seconded by Commissioner Art Brannen", should be included in a motion made by Commissioner Hardwick for the approval of a SKETCH PLAT of Boroughs Subdivision, and that Commissioner Hardwick was not appointed as chairman of the Structure Committee formed at an informal meeting of the Planning Commission and the Downtown Jacksonville Committee meeting. Chairman Gray pointed out that Alderman Kenny Elliott and Mr. Lloyd Friedman will co-chair the Structure Committee. Commissioner Brannen moved, seconded by Commissioner Reid that the MINUTES of the JANUARY 13, 1997 Planning Commission Meeting and the ANNUAL REPORT of the Jacksonville Planning Commission for 1996 with the above mentioned corrections be APPROVED. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: Rezoning of property located on McCain Street from R-0 to R-2 (Petitioner: Valerie Williams- Dewese) (The petitioner was not present.) Commissioner Hardwick moved, seconded by Commissioner Nixon to set a public hearing for the request of Valerie Williams-Dewese to rezone property, legally described as follows, located on McCain Street from R-0 to R-2. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. A part of the NE1/4 NE1/4 Sec. 1, T-2-N, R-11-W, more particularly described as follows: From the NE corner of said Sec. 1, Run South along East line 420 feet to the point of beginning of tract herein described; run thence West 225 feet; run thence South 100 feet; run thence East 225 feet; run thence North 100 feet to point of beginning. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: SKETCH PLAT: Proposed 77 acre Subdivision Gen. Loc. Pridmore Lane & Maddox Road Chairman Gray voiced the request and recognized Mr. Phil Sullivan, b:conomic and Community DevelopmeuL Dln:clor, to address the Commission regarding the request. His presentation included information regarding a 1992 study done by the Air Force as well as a map showing the base area in relation to the proposed development. He related that the study referenced air installation, compatibility use, and zoning. He said that it took the areas at the ends of the runways and the areas that they flew over a large percentage of the time and delineated what would be appropriate for those areas that would allow them to continue to do their mission without impeding it. He related that noise levels were included in the report as well as the inbound and outbound tracks of the aircraft and where they were going. He pointed out that in addition to that the Air Force requires a clear area at the ends of their runways followed by two additional transition areas that they can have for safety measure in case an accident with an aircraft. He pointed out the location of the proposed development on the map presented to them. He said that it lies about seventeen hundred feet from the 65 noise decibel contour line adding that it is not in any safety area that the Air Force has laid out. He related that there needs to be no allowance made for special zoning in that area which is not in a transition zone. He stated that not more than twenty flights of inbound smaller aircraft per day would be the type that would affect the area. He said there are no prohibitions as far as the 1992 study is concerned that would require any special considerations of the development. He related that the study was done for safety reasons and to allow development that would be compatible with the Air Force mission. 2 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. He said that the noise contour lines could expand and come closer to the proposed development if there is a mission change and if smaller aircraft is used. Commissioner Brannen expressed concern for the development in the event there is expansion at the base. Commissioner Reid voiced concern regarding any encroachments which might add to the possibility of the base being closed in the future. Chairman Gray related that the item before the Commission, a Sketch Plat of a 77 acre tract proposed for subdivision development off Pridmore and Maddox Roads which is close to the LRAFB and comes within the five-mile planning jurisdiction of the City of Jacksonville. Mr. Tommy Bond said that structures will be one-story no more than 90 feet tall relating that the lots will be one acre. He pointed out state law which provides that by ordinance a city shall not prohibit single-family residential use on tracts an acre or more in area, provided that future construction shall comply with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the city's existing building permit and inspection ordinances and procedures. (Ref: Municipal League Handbook p . 139-140 Building and Zoning Regulations-Planning 14-56-426) Mr. Bond said that the development is predicated on the idea that the City of Jacksonville moves forward with their annexation of the LRAFB. Chairman Gray voiced that his understanding is that the City has no zoning jurisdiction with regard to the 77 acres but that it does have subdivision jurisdiction. Mr. Bond said that requests have been submitted to the Water and Sewer Departments with regard to their servicing utilities to the development. He said that the Water Department has done a system analysis that showed some weakness that is being worked on to correct. He said that the developer is trying to take care of any incumbrances to the development adding that services such as police and fire protection and utilities, which are imperative to the development, are not provided beyond city limits. 3 ~'l· \J" CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. He said that the ground has been cut up in lots for approximately 15 years with very limited amount of growth relating that the back northeast corner of the development is in the flood plain. He pointed out that at present, without annexation by the City, Pulaski County and an ou tsid e the city f ire d istrict serves the area. He s aid that lots 1 through 14 as numbe red have been sold and should be taken out of the tract. He said there is a water line down Pridmore Lane service by North Pulaski Water Users Assn. as well as the front lots. He said the intent of the developer is to extend water service into the development from the association and provi de f i re protection. He 'said there io no complication in that no sewer senri r.P. i R provided. Commissioner Gray voiced that from Maddox Road there is a sixty foot road right of way and Mr. Bond said that it would be part of the subdivision from which access would be addressed. City Engineer Reel said it would be to the advantage of the city of proceed with the development pointing out that ther e is decent traffic flow with access off Ma ddox Rd. with alter nate routes out down Pridmore Lane noting the possibility of annexation into the City and provisions of utilities from the same. After concerns expressed by Commissioner Hardwick with approving the Sketch Plat before the Commission, Mr. Bond stated that a conceptual approval is what is desired by the developer. Chairman Gray related that stipulations can be made with any type of approval by the Commission. After further discussion it was determined that a meeting between the petitioner and representatives from LRAFB could be arranged for gaining further information assuring the Planning Commission, the developer and other interested parties that the development meets guidelines affecting Base operations. A sketch plat was requested for the meeting of the Planning Commission in March. b. Replats: Lots 2, 3, & 4 Edgewood Subdivision Mr . Rocky Mantooth presented to the Commission a copy of the original map as published with passage of Ordinance 213 in 1969 pointing out C-2 zoning at the time. He also made mention of a meeting held in 1982 which indicated the status of said lots as well as those in attendance. 4 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. He pointed out that C-2 zoning was chosen over C-3 zoning by Metroplan in recommendations for the lots. He presented a layout of the proposed construction. He related that in 1959 the Highway Department took approximately half of Lot 1 in the development of Highway 67-167 making Lot 2 actually a part of Lot 1 and 2 and Lot 3 a portion of Lot 2 and 3. He said that at this time, Lot 2 is at the corner of T.P. White Drive and extends 110 feet noting a small angle in the lot. Chairman Gray noted that a single story 1800 sq. ft. building and a two-story 4200 sq. ft. building are planned for Lot 2. He said that actually a replat is not requested, nor a change in the lot, but that a request to construct a C-2 type business on the lot is being made with public parking on a lot zoned R-1 with access to James Street being eliminated on Lot 2, changed to access off T.P. White Drive and through a drive on Lot 3 off Hospital. Mr. Mantooth said that the front of the building would face the parking lot area. A short discussion ensued regarding information of past activity with regard to zoning and businesses permitted on the lots. Mr. Mantooth related that the information he provided the Commission are records on file by the City of Jacksonville at City Hall. City Attorney Bamburg pointed out the status of the lots on a map published with Ordinance 213 upon its passage noting Lot 2 to be C-2. He said that he could not tell if Lot 2 is the only one with said zoning due to the quality of the copy. He said that the lot on which Mr. Mantooth proposes construction was addressed by Judge Rogers in 1983 and specifically declared as C-2 regardless of a Bill of Assurance, of zoning of the City, or anything else. He questioned whether or not the extra lot is C-2 or R-1 stating that if it is the latter, a variance would apply for adequate parking. Mr. Mantooth said that he feels the zoning of Lot 3 is R-1. City Attorney Bamburg voiced that in conversation with Mr. T.P. White he expressed that he understood that the lots facing James, Lots 2 and 3, would be considered as a commercial plot. However, 5 37 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. Judge Rogers ruling only addressed only the lot on which the building is located. He added that Metroplan cannot find the original map which would give the detailed information which is needed. Mr. Mantooth voiced that the two-story proposed construction is for a clothing retail outlet and that three offices would be for quiet businesses. He related that trash could be contained on the inside of the building eliminating the need for any screening adding that the drawing is a rough sketch but that he will beautify the grounds. Chairman Gray voiced that he sees a great advantage in closing a James St. entrance a.l.louL whlch he llcts been concerned, mentioning that Mr. Hardwick had pointed out fencing or screening which would enhance the neighborhood. Commissioner Brannen pointed out traffic flow on Hospital and commented that there are people who walk in the area as well. Chairman Gray suggested that determinations be made regarding exactly what is desired adding that a variance for parking regarding Lot 3 would come back to the Planning Commission and that a variance for the number of parking spaces in Lot 2 would go before the Board of Adjustment. Mr. Mantooth said that he will attempt to keep all activity on Lots 2 & 3 adding that Lot 4 is a vacant lot. Commissioner Hardwick voiced in that the project is going to be controversial, he questioned the size of the building as well as the access to Hospital Street. Mr. Mantooth was encouraged to bring the request back to the Planning Commission at the meeting in March. NO ACTION WAS TAKEN ON THE ITEM. Chairman Gray voiced that a public hearing is possibly in order and that public comments would be acceptable at that time expressing nppn~r.iation for the attendance of those in opposition to Mr. Mantooths request. c. FINAL PLAT: Lot 1, PH 1 Penn Subdivision Mr. Boyce Penn voiced that the Final Plat was never presented to the Planning Commission through error. He said that Preliminary Plats were submitted on Lots 1, 2, & 3. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. Chairman Gray asked about improvements to the property. City Engineer Reel said that all improvements to Lemac Drive was Development Department. are in order completed by and the that all Community Chairman Gray noted July 12, 1993 a approval date for the Sketch Plat with the stipulation that the Final Plat would be considered after rezoning of the parcel which was approved on September 13, 1993. He voiced that Lot 1 is a part of the three lot subdivision pointing out that the Preliminary and Final Plats should have been before the Commission earlier questioning the responsible party in recordation of Final Plats. Mr. Penn withdrew the request and said that he would bring a Final Plat of the three lot subdivision before the Planning Commission at the regular meeting scheduled for March. Chair.man Gray pointed out that the Public Hearing item was withdrawn by the sponsor. He also said that the Metroplan representative was unable to attend. DEVIATION IN AGENDA: Chairman Gray recognized Mr. Charles Lowry of 912 Braden Cove in the Edgewood Subdivision to address the Planning Commission. He read paragraph four (4) from a ruling by Judge Judith Rogers dated 22 September 1983 concerning the Bills of Assurance of Edgewood Subdivision. He quoted paragraph four (4) of the original judgment from Judge Rogers as follows; "all subsequent modifications or amendments to the Bill of Assurance are invalid as the Bill of Assurance contains no provision to modify such Bill of Assurance until January 1 of the year 2000." In paragraph fifteen (15) in the amendment to that court order dated June 7, 1983, he read; "Landowners of Edgewood Subdivision of the town of Jacksonville have acquiesced to the commercial use of Block 1, Lot 2, Edgewood, for so long as the use is restrained and similar with an impact substantially the same as previous users." 7 L/-1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. -8:56 P.M. He expressed that anything different to what was in the Bill of Assurance of Edgewood Subdivision has been violated and that he feels anger, as well as others in the subdivision. He said that in conversation with the City Attorney, he was told that there is no recourse to decisions made in 1969, that it is entirely legal. He expressed that he felt differently. He asked that no building permits be issued until the matter is settled in the courts. DEVIATION IN AGENDA: ANNUAL REPORT 1996 Commissioner Brannen moved, seconded by Commissioner Hardwi~k to approve the Annual Report for 1996. MOTION CARRIED. PUBLIC HEARINGS: ANNOUNCEMENTS : ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:56 p.m. Respectfully, ~~~na~ Planning Commission Secretary CITY CLERK-TREASURER 8 l JACKSONVILLE PLANNING COMMISSION ANNUAL REPORT .-19 9 6 MEMBERSHIP ROSTER ANNEXATIONS REPLATS/LOT SPLITS REZONING PROPOSALS SUBDIVISIONS SKETCH PRELIMINARY FINAL MISCELLANEOUS BOARD OF ADJUSTMENT DATED: --·P~~;;..:.....___.:;.__Vf-t------=l_q-.!.-q-'-----'-7 __ SUBMITTED BY: M~ ~Leonard,Cretary JACKSONVILLE PLANNING COMMISSION CITY OF JACKSONVILLE, ARKANSAS 1 JACKSONVILLE PLANNING COMMISSION MEMBERSHIP ROSTER NAME: ADDRESS : Mr. Kenny Elliott #4 Newbury Lane Mr. Mark Perry 110 Arapaho Place filing the unexpired term of Leslie Belden Mr. Jim Dornblaser 805 Christy Cove Mr. Bart Gray, Jr.* P.O. Box 37 Mr. Art Brannen** 605 No. Hospital Mr. Jack Patton*** 201 Concord Circle Mr. John Hardwick 14 Foxfire Cove Mr. Rudy Reid*** 1009 Richards Mrs. Connie Foster 1008 Barbara * Denotes Chairman TERM EXPIRATION 1/1/1997 1/1/1997 1/1/1997 1/1/1998 1/1/1998 1/1/1998 1/1/1999 1/1/1999 1/1/1999 ** Denotes Vice-Chairman and Chairman of the Board of Adjustment *** Denotes 1996 Board of Adjustment Members 2 ANNEXATIONS DESCRIPTION P.C. COUNCIL No Annexations in 1996 J 3 01/29/96 03/11/96 03/11/96 04/08/96 REZONINGS DESCRIPTION LATTA PROPERTY (rezoned from C-1 to C-2) (continued from 1995) p. c. Rezoning Request changed from C-3 to C-2 with regard to the following parcel: COUNCIL A TRACT OF LAND LOCATED IN THE SW 1/4 OF THE NE 1/4, SECTION 17, T-3-N, R-10-W, IN THE CITY OF JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 19, MADDEN SUBDIVISION; THENCE N 00 DEGREES 17'35" E, 832.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 00 DEGREES 17' 35" E, 200.0 FEET TO THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 67-167; THENCE N 53 DEGREES 45' E ALONG SAID RIGHT-OF-WAY LINE, 165.61 FEET; THENCE S 00 DEGREES 16'30" W, 200 .0 FEET; THENCE S 53 DEGREES 45' W, 165.61 FEET TO THE POINT OF BEGINNING; CONTAINING .75 ACRES MORE OR LESS. 900 ELLIS STREET R-2 to R-4 Block 3 & 6 Original Town of Jacksonville R-2 to R-3 Byron McKimmey property 12/11/95 P/H SCHEDULED 01/08/96 01/08/96 P/H RE-SCHEDULED 01/29/96 APPROVED 01/29/96 APPROVED APPROVED APPROVED 02/01/96 ORD. 1052 APPROVED 3/21/96 ORD. 1054 APPROVED 3/21/96 ORD. 1055 A ten acre parcel generally located West of Dupree/East of 67-167, legally described as follows: 4 05/13/96 06/10/96 REZONINGS DESCRIPTION p. c. COUNCIL All that portion of the NW 1/4, SE 1/4 of Section 25, T-3-N, R-11-W, that lies East of U.S. Highway 67-167 and being more particularly described as follows: Beginning at the Southeast corner of the NW 1/4 SE 1/4 of said Section 25; thence N 87 degrees 50 minutes 50 seconds W along the South line there of a distance of 983.42' to a point on the Easterly right of way line of said U.S. Highway 67-167; thence N 51 degrees 59 minutes 48 seconds E along said right of way line, a distance of 174.94' to the point of curvature of a 3969.72' radius curve to the left; thence along said curve a chord bearing of N 42 degrees 59 minutes 00 seconds E and a distance of 1267.65' to the point of intersection of said Easterly right of way line and the East line of said NW 1/4 SE 1/4, Section 25; thence S 01 degrees 02 minutes 09 seconds W along said East line a distance of 1072.18' to the point of beginning. Containing 10.71 acres, more or less. FOXWOOD SUBDIVISION PH. X Lots 491 and 492 from R-0 to R-5 WITHDRAWN BY MR. MCKIMMEY 04/08/96 DENIED Tracts One and Two rezoning request by Woodhaven Homes from M-1 to R-4 LEGAL DESCRIPTION: Tract One A tract of land in the South One half (Sl/2) Section 16 and the North One Half (Nl/2) of Section 21, Township 3 North, Range 10 West, City of Jacks onville, Pula ski County, Ark a nsas, being more particula rly described as follows: Commencing at the SW corner of Section 16, T-3-N, R-10-W; thence S 88 degrees 48' 00 11 E, along the South line of said Section 16, 1246.11 feet to the easterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way, N 49 degrees 24' 00 11 E, 239.4 8 feet to the point of beginning; thence continuing along s aid righ t -of- 5 REZONINGS DESCRIPTION p. c. COUNCIL way line, N 49 degrees 24' oon E, 570.00 feet; thence continuing along said right-of-way line along a curve to the left ( = 18 degrees 29' 20n, Tangent = 940.69 feet, Radius = 5779.58 feet) a chord bearing and distance of N 40 degrees 09' 20n E, 1856.94 feet; thence continuing along said right-of-way line, N 30 degrees 54' 40n E, 547.77 feet; thence S 16 degrees 32' son E, 525.90 feet; thence S 26 degrees 39' 36n E, 783.59 feet; thence S 34 degrees 29' 07n E, 884.49 feet; thence S 09 degrees 08' 09n W, 443.01 feet; thence S 62 degrees 23' 03n W, 440.68 feet; thence N 70 degrees 59' oon W, 628.94 feet; thence N 31 degrees 49' s1n W, 262.69 feet; thence N 66 degrees 00' osn W, 271.26 feet; thence S 75 degrees 44' 42n W, 248.17 feet; thence S 64 degrees 48' 56n W, 965.76 feet; thence N 55 degrees 11' 33n W, 435.48 feet to the point of beginning: Containing 73.185 acres, more or less. LEGAL DESCRIPTION: Tract Two A tract of land in the South One Half (S1/2) Section 16, and the North One Half (N1/2) of Section 21, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SW corner of Section 16, T-3-N, R-10-W; thence S 88 degrees 48' oon E, along the south line of said Section 16, 1246.11 feet to the easterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way, N 49 degrees 24' oon E, 239.48 feet; thence S 55 degrees 11' 33n E, 435.48 feet; thence N 64 degrees 48' 56n E, 671.79 feet to the point of beginning: thence continuing N 64 degrees 48' 56n E, 293.97 feet; thence N 75 degrees 44' 42n E, 248.17 feet; thence S 66 degrees 00' osn E, 271.26 feet; thence S 31 degrees 49' 51n E, 262.69 feet; thence S 70 degrees 59' oon E, 628.94 feet; thence N 62 degrees 23' 03n E, 440.68 feet; thence N 09 degrees 08' 09n E, 443.01 feet; thence N 34 degrees 29' 07n W, 884.49 feet; thence N 26 degrees 39' 36n W, 783.59 feet; thence N 16 degrees 32' son, 525.90 feet to the easterly right-of-way of the Union Pacific Railroad; thence along said right-of- way, N 30 degrees 54' 40n E, 407.17 feet; thence S 6 l I J REZONINGS DESCRIPTION P. C. COUNCIL 16 degrees 32' 50" E, 774.66 feet; thence S 26 degrees 39' 36" E, 736.52 eet; thence S 34 degrees 29' 07" E, 984.03 feet; thence S 09 degrees 08' 09" W, 713.45 feet; thence S 62 degrees 23' 03" W, 720.37 feet; thence N 70 degrees 59' 00" W, 864.93 feet; thence N 31 degrees 49' 51" W, 277.17 feet; thence N 66 degrees 00' 05" W, 7501 feet; thence S 75 degrees 44' 42" W, 115.44 feet; thence S 72 degrees 50' 34" W, 904.20 feet; thence N 49 degrees 24' 00" E, 653.59 feet to the point of beginning: Containing 37.286 acres, more or less. (due to City error in procedure/re-advertised for 8 July 1996 Regular Planning Commission Meeting.) 7 DENIED 08/08/96 01/18/96 03/11/96 04/08/96 04/08/96 07/08/96 07/08/96 07/08/96 08/12/96 09/09/96 10/14/96 10/14/96 12/09/96 12/09/96 SUBDIVISIONS DESCRIPTION FINAL PLAT Carmen-Jewell Subdivision REPLAT LRAFB part of Plot 7-A Land ownership transfer FINAL PLAT Fair Oaks Subdivison FINAL PLAT Paradise Industrial Subd. SKETCH/FINAL PLAT Quince Hill Subdivison one lot subdivision SKETCH/FINAL PLAT Price Barnes Subdivision one lot subdivision REPLAT Main Gate Development Lot 7 FINAL PLAT Walnut Pointe Subd. (Northlake PH VI) FINAL PLAT Pennpointe Ph. II PRELIMINARY PLAT Quality Car Wash one lot subdivision FINAL PLAT Paradise Subdivision PRELIMINARY & FINAL LRAFB Main Gate Plot 7, PH. II RE-NAMING OF STONEWALL SUBDIVISION PH VII to STONWALL NORTH SUBD. 8 APPROVED 12/11/95 W/STIPS APPROVED APPROVED W/STIPS APPROVED W/STIPS APPROVED APPROVED APPROVED APPROVED APPROVED w/stips APPROVED w/stips APPROVED w/stips APPROVED DENIED COUNCIL APPROVED 01/18/96 APPROVED 04/18/96 APPROVED 04/18/96 APPROVED 07/18/96 APROVED 08/15/96 APPROVED 09/19/96 APPROVED 10/17/96 r I l 01/08/96 03/11/96 04/08/96 04/08/96 05/13/96 05/13/96 06/10/96 06/10/96 06/10/96 06/10/96 07/08/96 MISCELLANEOUS DESCRIPTION Hampton Inn John Harden Drive Bldg. Permit Andy West 2711 T.P. White Dr. Bldg. Permit referred to B.O.A. Bethel Baptist Church 112 N. Jeff Davis Bldg. Permit referred to B.O.A. Proposed changes to Ord. 1048 Commercial Recreational 11 Cond. Use 11 in R-1 zoned area. Appt. of Architectural Committee/Downtown J'ville Jax. Mun. Code amendments to be presented in Ord. to City Council Stonewall Phase VII Privacy Fence reversal requested 1210 So. Hwy 161 Ron Barber Red Fox Lane Dave Kinman Land Use Map Changes 9 TABLED pending BOA action APPROVED w/stips APPROVED w/stips DISCUSSED APPROVED APPROVED REFERRED TO COUNCIL DENIED APPROVED APPROVED W/Stips APPROVED COUNCIL APPROVED 06/20/96 ORD. 1059 APPROVED 07/18/96 ORD. 1062 MISCELLANEOUS DATE DESCRIPTION P.C. COUNCIL 07/08/96 1506 Loop Road APPROVED First Church of the Nazarene parsonage house 08/12/96 Jehovah's Witness APPROVED Kingdom Hall 2630 West Main 09/09/96 Quality Car Wash APPROVED 209 Marshall Road w/stips 09/09/96 Pizza Hut APPROVED 1801 T.P. White Drive w/stips 10 r 01/24/96 01/24/96 02/14/96 02/14/96 03/13/96 03/27/96 03/27/96 04/10/96 05/08/96 05/22/96 05/22/96 06/26/96 07/10/96 BOARD OF ADJUSTMENT DESCRIPTI ON Luther Eugene Benson 204 Pike Ave. RPM Company Main & Redmond Hampton Inn Mr. Ray Petel John Harden Drive Mr. Andy West 2711 T.P. White Dr. addressed originally as 2500 T.P. White Jitney Jungle Stores of America, Inc. 315 So. James St. Andy West 2711 T.P. White Dr. J.C. James West Main (area GTE bldg.) Taco Bell Hwy 67/167 Northgate Drive Bethel Baptist Church Jeff Davis Larry Wilson #2 Nixon Drive Subway, Inc. 908 West Main Thomas F. Maher 217 Northeastern Fashion Park Cleaners 1101 Burman Drive 11 ACTION Waiver granted for 1969 Pontiac GTO/stip Conditional Use Granted Front yard setback Granted Side yard setback Denied Height waiver Granted Conditional Use/Auto Glass Shop Granted Conditional Use/C-2 zone for Self-Service Gas Station Granted Side Yard Setback Variance Granted Conditional Use for C-2 in an M-2 zoned area Granted Sign Variance/Height Granted Side and Rear yard setbacks granted I waiver for parking Granted Mobile Home placement in R-0 zone Granted Sign Height Variance Granted Setback waiver Approved Setback waiver Approved 09/25/96 09/25/96 12/11/96 12/18/96 BOARD OF ADJUSTMENT DESCRIPTION Jim Durham Lot 14 & 15 Woodland Heights Auto Zone 1606 North First Backyrd Burgers 1321 T.P. White Backyard Burgers 1321 T.P. White 12 ACTION Setback waiver Approved Sign Variance Approved Sign Variance/ Held in abeyance Sign Variance Approved [ J JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): #1 Municipal Drive 7:00P.M. MARCH 10, 1997 a. b. a. b. c. d. e. Special Planning Commission Meeting February 6, 1997 Regular Planning Commission Meeting February 1 0, 1997 Request to rezone property generally located at Marshall Road and West Main a.k.a. Dawkins Commercial Addition 4/14/97 Petitioner: Development Consultants Incorporated SKETCH PLAT: Dawkins Commercial Addition Petitioner: Development Consultants Incorporated SKETCH PLAT: Proposed Subdivision Maddox Road & Pridmore Lane Petitioner Jerry Smith represented by Bond Engineering PRELIMINARY PLAT: Final Phase of Bellevue Addition Petitioner Buddy Taylor represented by Bond Engineering PRELIMINARY & FINAL PLAT: North Commercial Subdivision Petitioner: Jim Peacock and J.C. George represented by Bond Engineering PRELIMINARY & FINAL PLAT: Penn Subdivision Petitioner: Boyce W. Penn PLANNING COMMISSION AGENDA continued: MARCH 10, 1997 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL INFORMATION: ADJOURNMENT f. a. b. PRELIMINARY PLAT: Spring Valley Subdivision Petitioner: B.J. Boroughs REZONING: 9012 McCain Street from R-0 to R-2 Petitioner: Valerie Williams-Dewese PARKING VARIANCE: Lot 3, Blk 1, Edgewood Subdivision Petitioner: Rocky Mantooth Enclosed copy of Downtown Jacksonville Minutes from meeting 2/24/97 OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance . ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Mark Perry and Jolm Hardwick answered ROLL CALL. Commissioner Walker arrived at approximately 7:12 p.m. Patton was ill, Commissioner Brannen was out of town on a business trip, and newly elected Commissioner Wm. Corroum could not serve at the meeting in that he had not taken the Oath of Office. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (3). Others p resent for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, OECD Director Phil Sullivan, Alderman Kenny Elliott, petitioners and members of the press. PUBLI C HEARI NGS: 7:00 P.M. Chairman Gray explained the public hearing procedure. a. REZONING: 9012 McCain Street from R-0 to R-2 Chairman Gray opened the public hearing at approximately 7:03 p.m. and recog nized the petitioner of the request, Mrs. Valerie Dewese, 207 E. Valentine. She stated that she and her husband purchased the property on McCain Rd . with the intent to build two dup l exes facing each other on two lots of a parcel 100' by 225'. It was determined that there has been no platting of the parcel which is required in the Jacksonvil le Municipal Code for the subdividing of parcels under five (5) acres. Chairman Gray closed the public hearing at approximately 7:08p.m. City Engineer Reel pointed out that the property lends itself to the requ ested rezoning, that he sees no problem, a dvising Ms. Dewese that she should be sure all utilities are availabl e. She related that she purchased the property in December 1996, thru Bart Gray Realty and that a fence on the property will be removed. Chairman Gray and Commissioner Bob Walker, who arrived at approximately 7:12p.m. abstained from the voting process due to a conflict of interest. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. There was not a quorum to vote on the item and by general consensus of the Commissioners it was held in abeyance for action at the Regular Planning Commission Meeting scheduled for April 14, 1997. Chairman Gray informed the petitioner that the parcel, under five acres, would need to be platted and brouqht before the Commission regardless of the zoning status at the time a building permit is requested. b. PARKING VARIANCE: Lot 3, Blk 1, Edgewood Subdivision Chairman Gray pointed out that the request is to allow parking on Lot 3 Blk 1, Edgewood Subdivision, a residential lot. Mr. Rocky Mantooth related that his proposal is to commercial building on Lot 2, Block 1, noting that showing landscaping intent, of the proposal was Commissioners. He also presented a picture of sinage the location. construct a the sketch, before the proposed for He yielded to Mr. Bob Shelly, an architect from Cabot, who gave the following particulars. He said the building would be two-story adding that setbacks meet City Code requirements and that parking requirements make it necessary to request the variance to use Lot 3 before the Commission. He related that access would be off Hwy 67-167 access Rd. and Hospital Blvd., closing the access to the north off James Street. He related that he was not sure the ready to wear business would need a dumpster with Mr. Mantooth adding that he feels the need will be like that of a regular household pickup. Mr. Shelly pointed out that there are seven additional parking spaces over the number required in the Jacksonville Municipal Code. Chairman Gray clarified that Lot 4 is a vacant lot extending from the access road to Hospital Blvd. and is not indicated on the drawing before the Commission. He then recognized Mr. Charles Lowery of 912 Braden Cove to address the Commission. He noted that Lots 3 & 4 are zoned for R-0 and R-1 use. He pointed out that a Court Order issued in September of 1983 which states that all modifications and amendments to the original Bill of Assurance, other than the Court Order itself, are invalid. He related that in 1969 Metroplan did a survey of the City recommending various zonings therein adding that three Lots, 2, 3, & 4 were recommended to be zoned C-2. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. He said that action in 1969, prior to the court suit, resulted in the court order which invalidated all modifications and amendments to the original Bill of Assurance. He said that the Court did, at that time, rezone Lot 2 as commercial, because the Judge said that the residents of the subdivision had acquiesced to the use of that lot being commercial through inaction for a period of time. He said that the Court Order also means that Lot 3 & 4 remain residential R-0 and R-1. He said that the concerning City Ordinance does not list a parking lot as a permitted or conditional use in R-0 and R-1 zoned parcels although variances are sometimes granted. He pointed out that other property owners in the Edgewood Subdivision were not given copies of the Bill of Assurance a n d were told by Real Estate Agents that only single family dwellings would be built in the subdivision. He said that to grant a variance for Lots 3, & 4 to be Used for parking to support a commercial business located on Lot 2 would not be in the best interest of the people who purchased houses in the subdivision. He added that a larger business than already exists and an increased parking requirement would increase the vehicle traffic, the potential for accidents, and also increase litter and noise problems. He said that he felt the changes are requested for the good ,of one or two persons versus the good of the general public, to which he would not object. He requested that any changes be denied and that any commercial business established on Lot 2 be required to meet C-1 zoning with the parking contained thereon. Mr. Lowell Ex of 616 N. Hospital Blvd. requested that the access on to North Hospital be denied. Chair.man Gray closed the public hearing at approximately 7:30 p.m. Commissioner Walker requested information regarding fencing which was mentioned previously by Mr. Mantooth. Mr. Mantooth related that he has chosen to use shrubbery rather than a wooden fence which would not be as visually aesthetic. He related that he did not know of any plans for Lot 4. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. City Engineer Reel related that the driveway has been placed on the south end of Lot 3, will probably pull traffic coming off James St. and that he did not know if there would be an actual increase of traffic on Hospital Blvd. coming through the residential area. He said that a certificate of occupancy can be withheld until landscaping is satisfactory. Commissioner Hardwick posed a question about making the exit on Hospital Blvd., from the parking area proposed for Lot 3, a left turn only to which City Engineer Reel said it could be done. He related to the Commission that there is an area on McArthur Drive where a left hand turn cannot be made during certain hours. Mr. Reel added that the entrance off the access road is now the current entrance and that the access off James Street would be closed. Landscaping as designated on the sketch before the Commission was questioned by Commissioner Nixon. She suggested that evergreen shrubbery, higher than the top of a car, and ornamental trees be utilized across the back section and along Hospital Blvd. She related that visibility factors should be given consideration as well, adding that she felt the left turn onto Hospital from the parking lot be made a requirement. City Attorney Bamburg related, after a question from Commissioner Reid, that his understanding, from reading the opinion of Judge Rogers, that the lawsuit which was mentioned by Mr. Lowery primarily affected what was on Lot 2, which was a business of a commercial nature existing for some time. He said that the opinion, as he recalled, did not specifically address the remaining lots from the nature of what specific zoning they would be . He added that he would want to correct a statement by Mr. Lowery that it was his opinion that the ruling from the Judge in 1983 rendered the zoning of these properties by the City Council in 1969 invalid. He said that he did not think the Judge addressed the zoning of the lots in her ruling and that he wouldn't think that it would be appropriate to determine that the zoning of the lots went back to R-0 and R-1. He said that he questions that until a determination is made by the Metroplan map what the zoning of the lots were in 1969, when this was specifically adopted. He added that the only zoning that can be assessed to them is R-0, which is how everything was brought into the City unless it was specifically zoned otherwise. He said the question is yet to be answered adding that he is not sure it ever can be. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. Commissioner Hardwick pointed out that in the Land Use Map of 1990 it appears that commercial zoning goes all the way down the access road to the entrance ramp; and that it appears, as late as 1990, that the City intended this three-lot parcel should be commercial. It was suggested by Commissioner Nixon that in landscaping, the shrubbery should be five feet wide, not less than three feet wide, a solid barrier that would block the neighborhoods view of the parking lot, and higher than the top of cars. She also suggested ornamental trees as well which would enhance the landscaping as well as the building. Mr. Phil Sullivan expressed landscaping at the rear of the proposed construction will be Jacksonville. aesthetic concerns regarding building pointing out that the advertising for the City of Mr. Mantooth said that his desire is to the back of the building. He said that back as well. He related that special parking spaces desirable and related professional landscaping done. have a display window at a deck is planned for the functions made additional that he plans to have Chairman Gray pointed out that any action by the Commission should spell out what is desired of the petitioner in the motion. Mr. Mantooth voiced that he plans to make the building look like a colonial style home and that plans are incomplete as to the,_ use of vinyl siding or brick exterior. Commissioner Hardwick moved, seconded by Commissioner Walker to APPROVE THE VARIANCE request of Mr. Rocky Mantooth for parking on Lot 3 as requested with the following conditions: that the access on to Hospital Boulevard be designated a left turn only, that a landscaping strip using evergreen shrubbs, of no less than five feet, and ornamental trees be placed across the back of both lots two and three except where it would be inappropriate for visional purposes and that the petitioner be required to present to the Planning Commission a finished elevation from all sides showing the building and landscaping plans before a certificate of occupancy is approved by the City. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Hardwick moved, seconded by Commissioner Perry to Approve the minutes of the Special Planning Commission Meeting of February 6, 1997 and the minutes of the Regular Planning Commission Meeting of February 10, 1997. MOTION CARRIED. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. REQUEST TO SET UP PUBLIC HEARINGS: Rezoning of property located at Marshall Road and West Main a.k.a. Dawkins Commercial Addition/Development Consultants Incorporated petitioner Chairman Gray voiced the request and recognized City Engineer Reel to address the Commission. City Engineer Reel clarified that the request for rezoning involves property behind the Shell Station and the Waffle House adding that part of the property is zoned C-3 and part of it is zoned R-3. He said that it has not been possible to come up with a defined legal description for the separation between the two zonings. He said there is overlapping on two of the lots but that C-3 zoning is desired for all the parcel. Mr. Robert Brown representing Development Consultants Incorporated pointed out by map the property location and expressed that C-3 zoning is desired for the entire tract described by a metes and bounds legal description. Chairman Gray acknowledged that error may have hindered a public hearing at present adding that proper posting and advertisement will be done for a public hearing at the April 14, 1997 Regular Planning Commission Meeting, apologizing for any error made by the City with regard to the request. Commissioner Perry moved, seconded by Commissioner Hardwick to schedule a public hearing for 7:00 p.m. April 14, 1997 during the Regular Planning Commission Meeting to hear a request from Development Consultants Incorporated for rezoning the property located at Marshall Road and West Main a.k.a Dawkins Commercial Addition from R-3 to C-3. (legally described in Exhibit 11 A11 of these minutes) MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. SKETCH PLAT: Dawkins Commercial Addition Mr. Brown said that the property, currently owned by Dawkins Trust, is proposed to be purchased and developed by Coulson Oil Company. He said that a street which will intersect Main Street is proposed. He explained that it will go along the southern edge of the parking lot of what is currently occupied as the Waffle House property, 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. with an access on Main Street , providing a larger site for future redevelopment of a new super-stop and probably a restaurant facility on the Lot 1 area. He pointed out that there will be two other commercial lots developed with access from the new street that would basically be offered for sale. He pointed out that the approximate 90 foot floodway area following along the creek made the request logical for the C-3 zoning adding that all multi-family areas are north of the parcel of ground and separated by the creek. He said that utilities are available to the site. City Engineer Reel said that all lots would comply with C-3 zoning. He pointed out floodway on the back of the northernmost lot which has been discussed with the petitioner who voiced that it would be taken into consideration in developing that lot. The distance from the intersection of Main & Marshall to the proposed street access was discussed and the general consensus was that it is in compliance with the City Ordinance. Commissioner Reid moved, seconded by Commissioner Walker to APPROVE the SKETCH PLAT of Dawkins Commercial Addition as presented. MOTION CARRIED. b. SKETCH PLAT: Proposed Subdivision Maddox Road ~ Pridmore Lane Mr. Tommy Bond represented the developer Mr. Jerry Smith. He pointed out that previously 120 lots were proposed and that there are 62 lots on the plat before the Commission. He related that the LRAFB has no problem with the development. Chairman Gray pointed out that the plat reveals a change in lot sizes from half-acre to acre lots. He questioned an easement on Maddox Road. Mr. Bond said that the owner retained ownership of the right of way which would be sold with this parcel. He related that the Water Commission has been contacted again regarding the proposed development. He added that the idea of the developer is to include those property owners already established in the area in any annexation activity. He said that lots in the flood plain would be designated as such adding that the Vicksburg District Corp of Engineers has reviewed 7 6J I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. the site regarding wet land problems and that a letter is forthcoming stating that there are none. It was pointed out that if the LRAFB, which is on the southern side of Maddox Rd. is annexed, the property under discussion will become adjacent and contiguous to the current city limits of the City of Jacksonville. Commissioner Hardwick moved, seconded by Commissioner Nixon to APPROVE the SKETCH PLAT of Maddox Rd./Pridmore Lane Subdivision as presented. MOTION CARRIED. c. PRELIMINARY PLAT: Final Phase of Bellevue Addition Mr. Tommy Bond representing the petitioner stated that the subdivision was begun in 1978 and that this is the last of the development with eighteen remaining lots. He said that the original plan approved by the Planning Commission nineteen years ago will be followed by the developer. Chairman Gray voiced that he would like to see the two lots on Northeastern bring the street up to standards. City Engineer Reel said that widening Northeastern would cut into yards and that nothing has been budgeted for improvements at this time for that portion of the street. Mr. Bond said that plans have been resubmit ted to the Water, Wastewater and Health Department for the addition. Commissioner Reid moved, seconded by Commissioner Walker to APPROVE the PRELIMINARY PLAT of the FINAL PHASE of BELLEVUE ADDITION. MOTION CARRIED. d. PRELIMINARY & FINAL PLAT: North Commercial Subdivision Mr. Tommy Bond represented the petitioners. He explained that the subdivision backs up to Stonewall and faces the mini-warehouses across Northgate Drive behind Mercantile Bank. Chairman Gray pointed out that it is located on a low traffic street and that the zoning is C-4. Mr. Bond said that water, sewer and streets are there and have been for approximately twenty years. Mr. Reel said that he did not see a problem with the subdivision. 8 r I I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. Mr. Bond related that the lots in the flood plain would be designated as such on the plat. Chairman Gray voiced that the street is dedicated. Mr. Bond said that sewer is stubbed out and that a 6" water line is in place. Commissioner Walker, seconded by Commissioner Nixon to APPROVE the PRELIMINARY AND FINAL PLATS of the NORTH COMMERCIAL SUBDIVISION with the stipulation that lots in the flood plain bear an "F" designation and that a Bill of Assurance be submitted before action by the City Council. MOTION CARRIED. e. PRELIMINARY & FINAL PLAT: PENN SUBDIVISION Chairman Gray pointed out that the plat and a Bill of Assurance were included in the packet delivered to the Commissioners. He pointed out that the current zoning is R-1. City Engineer Reel voiced that there is an additional easement on the front of the lots for a sewer line that had to be built to serve the three lots adding that all improvements are in. Mr. Penn said that owners will sign off before the plat is recorded. Commissioner Hardwick moved, seconded by Commissioner Walker to APPROVE the PRELIMINARY AND FINAL PLATS of the PENN SUBDIVISION subject to signatures of other property owners. MOTION CARRIED. f. PRELIMINARY PLAT: SPRING VALLEY SUBDIVISION Chairman Gray made note of a Bill of Assurance in the packet. Mr. Bond related that the Preliminary Plat follows the Sketch Plat previously viewed by the Commission in February. He pointed out that Lots 2 through 16 would be taken out of the flood plain but that Lots 17, 18, 19, 20, 21, 22 and 1 will remain in the flood plain. He said that the sewer system is a cooperative effort regarding the relocation of a pump station which will provide sewer service to the subdivision as well as to development of the property across West Main. City Engineer Reel said that there is enough sight distance both ways that he feels there will be no traffic problem. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. Commissioner Hardwick moved, seconded by Commissioner Reid to APPROVE the PRELIMINARY PLAT of SPRING VALLEY SUBDIVISION as presented. MOTION CARRIED. PUBLIC HEARINGS: ANNOUNCEMENTS: Chairman Gray announced that Title 6 of the Jacksonville Municipal Code was provided by the City Clerk to replace the present one in the code book of each member. Chairman Gray expressed appreciation to the Commission for the way they dealt with the public hearings and commended them for their foresight in protecting the neighborhood and the citizens of Jacksonville. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 8:50 p.m. Z'tfully, ~~-~ Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER Exhibit 11 A11 Dawkins Commercial Addition Rezoning that part of Tract 1 that is currently zoned R-3 to C-3 legally described as follows: LEGAL DESCRIPTION: Tract 1 A parcel of land in the southeast Quarter (SE1/4) of Section 24, Township 3 North, Range 11 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the SE 1/4, Section 24, T-3-N, R-11- W; thence N 88 degrees 23' 00" W, 783.90 feet; thence N 00 degrees 33' 00" W, 264.00 feet; thence N 09 degrees 04' 01" E, 36.09 feet; thence S 88 degrees 27' 10" W, 10.17 feet to the northwest intersection of right-of-way lines of West Main Street and Marshall Road, said point being the point of beginning of this description; thence S 88 degrees 27' 10" W along the North right-of-way line of West Main Street, 558.21 feet; thence continuing along said right- of-way line, N 87 degrees 56' 00" W, 13.55 feet; thence N 02 degrees 04' 00" E, 342.80 feet; thence S 88 degrees 09' 54" E, 10 r I j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. -8:50 P.M. 608.73 feet to the West right-of-way of Marshall Road; thence along said right-of-way, S 09 degrees 04' 01" W, 312.40 feet to the point of beginning: Containing 4.417 acres, more or less. LEGAL DESCRIPTION: Tract 2 A parcel of land in the Southeast Quarter (SE1/4) of Section 24, Township 3 North, Range 11 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the SE1/4, Section 24, T-3-N R-11-W; thence N 88 degrees 23' 00" W, 783.90 feet; thence N 00 degrees 33' 00" W, 264.00 feet; thence N 09 degrees 04' 01" E, 36.09 feet; thence S 88 degrees 27' 10" W, 10. 17 feet to the northwest intersection of right-of-way lines of West Main Street and Marshall Road; the nce N 09 degrees 04' 01" E, along the West right-of-way line of Marshall Road, 312.40 feet to the point of beginning; thence N 88 degrees 09' 54" W, 608.73 feet; thence N 02 degrees 04' 00" E, 202.17 feet to the centerline of Rocky Branch; thence along said centerline N 60 degrees 16' 07" E, 358.12 feet; thence leaving said centerline, S 56 degrees 35' 24 11 E, 150.00 feet; thence S 08 degrees 55' 11" W, 208.32 feet; thence S 88 degrees 09' 54" E, 13.93 feet; thence S 09 degrees 04' 01" W, 80.00 feet; thence S 88 degrees 09' 54" E, 200.00 feet to the West right-of-way line of Marshall Road; thence along said right-of-way line, S 09 degrees 04' 01" W, 25.20 feet to the point of beginning: Containing 3.113 acres, more or less. 11 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION Or MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: 9. INFORMATIONAL ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. APRIL 14, 1997 a. Regular Planning Commission Meeting March 1 0, 1997 PRELIMINARY & FINAL Northlake Phase VII Lot 253 Petitioner: Tommy Dupree b. PRELIMINARY & FINAL Deweese Addn. (Petitioner: Valerie Williams-Deweese) c. PRELIMINARY Dawkins Comm'l Addition (Petitioner: Coulson Oil Company) d. FINAL Collenwood Subdivision and Requested Name Change (Petitioner: Jim Green) a. b. Property located on McCain Street from R-0 to R-2 (Petitioner: Valerie Williams-Deweese) ref: March Minutes enclosed Property located on West Main Street and Marshall Road from R-3 to C-3 (Petitioner: Coulson Oil Company) ref: March Minutes enclosed DISCUSSION: Subdivision Regulations Regarding Fire Protection/Chief Ezell De-Annexation of Wet Lands general location adjacent to Holland Bottoms Wildlife Management Area. OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. He welcomed a newly appointed Commissioner, Mr. Bill Corroum, and Mr. Jack Patton, who was present after a lengthy illness. ROLL CALL: Commissioners: Rudy Reid, Bob Walker, Bill Corroum, Art Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Commissioner Nixon arrived at approximately 7:06 p.m. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT nine (9), ABSENT (O). Others present for the meeting were Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Fire Chief Rick Ezell, Fire Inspector Charlie Pope, petitioners and members of the press. DEVIATION IN AGENDA: PUBLIC HEARINGS: 7:00 P.M. Chairman Gray presented the first item of business. He related that the public hearing, duly advertised for March 10, 1997 was held, as recorded in the minutes of said date. He said that the petitioner, Valerie Williams Deweese, requested that the property be rezoned from R-0 to R-3. He pointed out that the public hearing was opened, that there were no public comments at that time, and that the public hearing was closed. He further related that due to a lack of Planning Commission Members present and concerns of the Chairman, no vote was taken. He recalled the item listed below for action by the Planning Commission. REZONING: 9012 McCain Street from R-0 to R-2 Ms. Audrey Brandon, 9008 McCain Road addressed the Planning Commission. She voiced said that the rezoning came to her attention obviously after the first public meeting was held and that her reasons for objections are that McCain Road is a small residential street, that it has the ambiance of rural living, and that there are only single dwelling residences on the street. She then presented to the Commission a petition containing the signatures of 12 property owners on McCain Road who oppose the rezoning. It was determined that the property was posted in the proper time frame, and that the advertising was done in the proper time frame as well. Chairman Gray related that the public hearing was held as 1 ~ql CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. advertised during the last regular Planning Commission meeting. Chairman Gray asked Mrs. Dewese to address the Commission with regard to the request for rezoning. She stated that her desire is to build duplexes on her property on McCain Road. She said that there is a duplex on McCain just down from her property and that there are duplexes around the corner on Shannon Drive. Chairman Gray related that there was no one who spoke in opposition to the rezoning at the public hearing of May 10, 1997. She related that the persons she spoke with before the hearing had no opposition to the request to rezone her property to R-2. Discussion ensued as to the proximity of neighboring homes. The City Engineer presented an aerial photograph of the parcel for clarification of surrounding property. Other discussion ensued as to the length of time the property remained posted after the public hearing of March 10, 1997. It was determined that the sign was removed shortly after said date. The size of the tract up for rezoning was determined to be 100 ft. wide and 200 ft. deep. The City Clerk read the minutes of the last meeting with regard to the item of business. Commissioner Nixon moved, seconded by Commissioner Patton to approve the rezoning request from R-0 to R-2 for the Dewese Property and recommended to the City Council for action April 17, 1997. MOTION CARRIED. b. Rezoning Dawkins Commercial Addition R-3 to C-3 Chairman Gray opened the public hearing at 7:35 p.m. and related that preliminary information was submitted during the March meeting. Robert Brown of Development Consultants and representative to the Dawkins Trust related that Mr. Mike Coulson will be the developer on behalf of the Dawkins Trust. He briefly recapped the request as submitted in March. He pointed out the proximity of surrounding commercial property in the area and reiterated the request to rezone the balance of the property to C-3 which would conform with 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. current zoning of surrounding property. He related the intent to plat the lots and develop a portion of the street and offer lots two and three for sale and redevelopment. Commissioner Brannen requested that the petitioner include the F designation in final plat presentation. Other discussion evolved regarding portions of the property located in the flood plain and the flood way along the creek bank. Chairman Gray clarified that the request is that of mixed zoning status of which a large portion is already zoned C-3. Mr. Robert Stroud related that he presently owns a shop in the area and asked if architectural design controls could be exercised by the Planning Commission with regard to further development of the property. Chairman Gray related that no architectural design control is in print or being designed at this time. The public hearing was closed at approximately 7:42 p.m •. Mr. Mike Coulson related that Lot 1 is being reserved for a convenient store/service station combination. Commissioner Brannen moved, seconded by Commissioner Hardwick that the property as legally described be rezoned as requested to C-3 with recommendation to the City Council for action April ,~7, 1997. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Walker to Approve the minutes of the Regularly Scheduled Planning Commission Meeting of March 10, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO SET UP PUBLIC HEARINGS: REQUEST TO APPROVE PLATS: a. PRELIMINARY & FINAL PLAT of Northlake Phase VII, Lot 253 Chairman Gray recognized Mr. Tommy Bond. Mr. Bond related that Lot 253 was not included in the last phase presented seven years prior, but has all improvements. 3 rtl CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. Discussion ensued as to the status and amount refundable for a one- lot subdivision. It was concluded that it would be reviewed and Mr. Dupree would be refunded any monies not due. Commissioner Brannen moved, seconded by Commissioner Corroum to approve the Preliminary and Final Plats of Northlake Phase VII, Lot 253. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT of the Dewese Addition In response to a question posed by Chairman Gray, City Engineer Reel related that he had informed the petitioner that two duplexes were the maximum number allowable in order to meet the square footage requirements for the property, suggesting that one duplex be located directly behind the other with a pipe stem configuration with access out to McCain Road. He related that the configuration met Sewer Department approval with regard to the service line from McCain Road. Commissioner Brannen questioned a twenty-five foot setback and it was determined that the surveyor would change the setback to thirty-five feet with the approval of Mrs. Dewese. Commissioner Hardwick moved, seconded by Commissioner Nixon to approve the Preliminary and Final Plats of the Dewese Addition as submitted with the adjustment of the twenty-five foot setback to thirty-five feet. MOTION CARRIED. c. PRELIMINARY PLAT: Dawkins Commercial Addition Chairman Gray introduced the item of business and Commissioner Brannen questioned if the three lot subdivision is located in the flood zone. Chairman Gray requested that the lots carry the F designation with lot numbers. The petitioner agreed. Discussion ensued and it was disclosed that ten to twenty feet of the northern boundary is located in the floodway while other portions located within the floodplain will only require a small amount of fill for elevation. In response to a question posed by Chairman Gray, the petitioner related that all improvements would face street frontages. Discussion ensued as to setbacks regarding the C-3 zoning and a possible variance for a canopy encroachment from the Board of Adjustment. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. It was pointed out that the setback on the north end of lot one might be a concern. All streets will be dedicated to the City as public right-of-ways. Commissioner Brannen moved, seconded by Commissioner Patton to approve the Preliminary Plat of the Dawkins Commercial Addition. MOTION CARRIED. d. FINAL PLAT of Collenwood Subdivision In response to a question posed by Chairman Gray, City Engineer Reel related that he had not received any letters of acceptance from the Water and Sewer Departments. Mr. Orin Noble from Bond Engineering represented Mr. Jim Green, developer of the property. He related that material for acceptance has been submitted to the Water and Sewer Departments and is scheduled for review at their next regularly scheduled meetings. He related that streets in the development as yet have not been asphalted, adding that a contingency stipulation would be requested regarding street completion. Chairman Gray related that if the Final Plat is considered for action and approval, it would have to be done prior and contingent upon Water and Sewer approval, street completion, and/or bonding which would require further discussion. He stated that there is no reason to believe that Water and Sewer approval will not be forthcoming, adding that recent weather could have ~elayed street development. Commissioner Brannen moved, seconded by Commissioner Nixon that action regarding the request for final plat be tabled but discussion regarding the request for a name change be addressed. Mr. Noble requested that all action and discussion be tabled until the next regularly scheduled Planning Commission meeting. Commissioner Brannen revised his motion, seconded by Commissioner Nixon that both items of business be tabled until the next regularly scheduled meeting of the Planning Commission. MOTION CARRIED. GENERAL: Discussion of Subdivision Regulations regarding Fire Protection. Chairman Gray recognized Fire Chief Rick Ezell. 5 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. Chief Ezell expressed desire in obtaining a position in the "loop of approval" regarding subdivision regulations. He explained problems experienced in dealing with required fire flow, distribution and placement of hydrants in subdivisions. He stated that ISO (Insurance Services Office) rates cities for classification regarding public fire protection adding that is how insurance rates are established. He related that 40% of that grade is obtained from the water system requiring certain flow requirements for commercial and residential areas. He related that placement of fire hydrants is also included in the classification, pointing out that the City is hoping to be re-graded in the next year to year and a half. He said that the City holds a grade five rating obtaining a fourth-class rating, adding that the City hopes to receive a three and possibly a two due to improvements made. He pointed out the importance regarding placement of hydrants within subdivisions relating to the size of equipment using them. He asked that the Fire Department be included in the decision making process regarding placement of fire hydrants thus offering maximum protection capability. Chairman Gray thanked Chief Ezell, and requested further information regarding review of plot plans, pointing out that during preliminary plat approval overall pattern of development is considered and suggestions are made between preliminary and final plat approval. Chief Ezell stated that the Engineering Department has included Fire Department input, however, he feels that earlier involvement of the Fire Department may help a developer more strategically place fire hydrants giving consideration also to hose lines which could impede traffic to a greater or less degree. Chairman Gray suggested that an extra effort be made regarding the Engineers who design the plats for Planning Commission consideration. Chief Ezell suggested that the Fire Department and the Water Department both sign off on plans at the time the Water Department usually gives it letter of approval. Discussion ensued as to the benefits under a lower classification rating from ISO and some of the ISO requirements. 9. INFORMATIONAL ITEM: De-Annexation of Wetlands Chairman Gray related that a recent State Law passed refencing the De-Annexation of Wetlands. He invited Mike Wilson to address the item of business. 6 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. -8:35 P.M. Mike Wilson related that he asked the City Council to address the detachment of certain wetlands which adjoins Holland Bottom Wildlife Management Area. He presented a sketch of the acreage proposed for detachment and stated that current law allows to request that uninhabited and unimproved wetlands be detached from the City. He stated that he is presenting the article to the Planning Commission for advise or suggestion and possible effects if any for future City planning. He related that property along Graham Road, Loop Road and the Railroad tracks has been left to serve as a buffer zone. He related that this was done so that in the unlikely event that any development occurred, the City could regulate it. He stated that there is no conceivable municipal use of the property which is being proposed for detachment. It was noted that development for wetlands is exceedingly difficult and would require permission from the Federal Government, adding that there is no economical or practical sense for development of the property. Mr. Wilson informed the Commission that of the 540 acres total, 408 acres which adjoins Holland Bottoms is proposed for detachment. Discussion ensued as to the property setbacks and Lts surrounding boundaries. It was pointed out that the area along .Loop Road and the Railroad is located within the hundred year flood plain. It was also noted that the City has a five mile planning jurisdiction and would only be giving up zoning control. It was stated that detachment would create a "zig zag" effect if ther,e were further annexation of lands along the County line. ~· Discussion ensued involving donation of three ditches toward aiding in drainage. Mr. Wilson assured the Commission that he would give favorable consideration for any need of the land later discovered by the City. ANNOUNCEMENTS : ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 8:35 p.m. Respectfully, ~<~.~ 7 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. /\PPROV /\L AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: 9. INFORMATIONAL ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. MAY 12, 1997 a. Regular Planning Commission Meeting April 14, 1997 SKETCH: Bushwood Subdivision Phase II Petitioner: Chet Schirmer b. REPLAT: Keathley Comm'l Subd. (Petitioner: Leroy Wood) c. PRELIMINARY: Moody Subdivision Pulaski County/Peters Road (Petitioner: Phil Keaton) d. FINAL Collenwood Subdivision and Requested Name Change (Petitioner: Jim Green) OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Bob Walker, Art Brannen, Mark Perry, Jol:m Hardwick and Jack Pat ton answered ROLL CALL. Commissioner Corrown was absent. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorwn. PRESENT eight (8), ABSENT (1) . Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, Hospital Administrator Tom Seimers, Aldermen Kenny Elliott, Bill Howard, and Phil Keaton, petitioners and members of the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Walker to approve the minutes of the Regular Planning Commission Meeting of April 14, 1997. MOTION CARRIED. PUBLIC HEARINGS: REQUEST TO SET UP PUBLIC HEARINGS: REQUEST TO APPROVE BUILDING PERMITS: Proposed Medical Center/John Harden Drive and Braden Street Ron Tabor from the firm of 'Flake, Tabor Tucker, Wells and Kelley, introduced Tom Siemers Chief Ex. Officer, Me d ical Director Dr. Tom Wortham, John Flake, and Cooper Riley of the Cromwell Architectural Firm and Civil Engineer Tommy Bond, as support persons of the project. He commented that the site of the project is at the corner of John Harden Drive and Braden St. He s aid t hat t he t wo -st ory medical office building will contain approximately 4 0,0 00 sq. ft. which will house 15 pri mary c a re physicians a n d fiv e specialists. He said that final plans will be presented at the Planning Commission Meeting planned for June 9, 1997. He said that general c i vil engineering on -site issues are being looked at expressing exc ite ment about the p r o j ect and its location. Chairman Gray pointed out that current zoning of the parcel is C-3. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. He requested the approval of the Commission to move forward with the project. He pointed out that there will be only one curb cut on John Harden Drive and one on Braden St. limiting access as a oafety measure for the patients and their families. He rP.lnted that really nice landscaping plans are ongoing. Chairman Gray related that the Commission is pleased with that kind of planning pointing out the 300 ft. ingress and egress consideration. Commissioner Brannen moved, seconded by Commissioner Reid to Approve the Sketch Plat of the Rebsamen Regional Medical Center project. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. BUSHWOOD SUBDIVISION Chairman Gray recognized Mr. Oren Noble from Bond Engineering. He related that the Preliminary Plat, containing ten lots, represents an extension of Bushwood Estates. He pointed out that another phase is forthcoming which will contain three additional lots. He related that sewer will be connected with the Fair Oaks Subdivision at the southwest corner. The culdesac length was discussed and it was determined that a variance may need to be requested in that the 750 ft. requirement is violated. Mr. Noble related that the code requirement of a 60 ft. radius of the culdesac can be met. He said that the property is not in the 100 year flood zone. He noted that on the southeast part of the phase next to lot one, there is a future street indicated with a 50 ft. right of way. Commissioner Brannen moved, seconded by Commissioner Hardwick to APPROVE the SKETCH PLAT of the BUSHWOOD SUBDIVISION stipulating a 60 ft. culdesac radius with consideration of granting a variance in the length of the culdesac. MOTION CARRIED. b. REPLAT OF THE KEATHLEY SUBDIVISION Mr. Noble of Bond Engineering represented Mr. Leroy Wood, the petitioner. He stated that the replat is of the first three lots of the Keathley Subdivision making them one lot. He related that there are no utilities, to his knowledge, which exist in an easement located between lots 2 and 3 which will be closed. It was pointed out by Commissioner Hardwick that the radius of the street is shown to be fifty (50) instead of the sixty (60) required 2 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. in the Jacksonville Municipal Code. variance would be requested. Mr. Noble voiced that a Commissioner Walker moved, seconded by Commissioner Nixon to APPROVE the REPLAT of KEATHLEY COMMERCIAL SUBDIVISION LOT 1R. MOTION CARRIED. c. PRELIMINARY PLAT of SHADY OAKS SUBDIVISION (MOODY SUBDIVISION) Mr. Phil Keaton stated that the road will not be a culdesac at the end, that it will be stubbed for future development. He related that water will be served by North Pulaski, that a plan for water and sewer is approved by the Health Department. He said that the Bill of Assurance is forthcoming pointing out that the on- site constructed homes will contain approximately 1100 to 1200 sq. ft. He said that setbacks will meet code requirements and that at present the street will dead end. Suggestions were made to construct the street with a turn-around so that the fire department serving the area would be able to perform without a problem. Commissioner Brannen moved, seconded by Commissioner Hardwick to APPROVE the PRELIMINARY PLAT of SHADY OAKS SUBDIVISION with the stipulation of 70' setbacks from the center line of the :street, with a 50' hard turn-around at the end of said street subject to County approval, and submission of a Bill of Assurance. ;;, MOTION CARRIED. d. FINAL PLAT / COLLENWOOD SUBDIVISION and NAME CHANGE Petitioner: Jim Green Mr. Oren Noble of Bond Engineering voiced that the subdivision was previously called Stonewall Phase VII. He said that there are letters of approval from the Water and Sewer Departments and that plans to asphalt streets are in place for the week noting that compaction tests have been run. Mr. Green pointed out that #16 in the Bill of Assurance was changed from the one originally submitted to the Planning Commission. There was a lengthy discussion with regard to fencing along Loop Rd. during which Mr. Green voiced that he desired to use the City easement for planting a hedge of some sort after each house is built on the fifty foot area along Berkshire and his property line. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. He stated that he desires to plant hedge on City right of way outside his property line along Loop Road as well as houses are completed. City Engineer questioned the maintenance of the screening. Mr. Green said that he could grant the City an easement for maintenance. Chairman Gray voiced that the interpretation of Mr. Green's request is that he wants to use a 11 planting screen11 in lieu of a privacy fence. It was pointed out that privacy fences were constructed as houses were finished in the latest development of Edgewood Subdivision. Mr. Green said that by ordinance, the City may request a planting screen easement with the purpose of maintaining what is inside that easement. He said that it may be to the advantage of the City to have the screening on property that belongs to the City. He said that he did not intend to maintain the screening. City Engineer Reel said that in lieu of what Mr. Green is proposing, taking into consideration the additional responsibility that would fall on the Beautification Department, he was hesitant to say that his proposal is a viable solution to this problem. He suggested that the Commission to look strongly at the privacy fence originally requested just for noise barrier, low maintenance cost, etc. He said that the privacy fence should be in place before a certificate of occupancy is issued to each respective residence along Loop Road and Berkshire Drive. He said that he has serious reservations against a greenery screen that is going to be put up on City right of way that the City will have to maintain. Commissioner Nixon moved, seconded by Commissioner Brannen, that the original requirement regarding a privacy fence of wood or similar material be constructed along property lines of Berkshire and Loop Road, as set forth in the Preliminary Plat, as houses are completed and prior to the City issuing of certificates of occupancy. MOTION CARRIED. City Engineer Reel said that a 10 foot utility and drainage easement is required by the City. In discussion regarding drainage Mr. Green related that the retention basin is only half finished at this point and will not be CITY OF JACKSONVILLE, ARKANSAS 4 ( I REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. turned over to the property owners association until it is completed, noting that he, the developer, will be responsible for it in the interim. He said that a general statement in the Bill of Assurance sets forth on page five (5) that the "common areas" will be owned by the property owners association. Chairman Gray said that he felt the Bill of Assurance should set forth maintenance of common areas, and that drainage be addressed appropriately. City Engineer Reel said that the general maintenance of the common areas should be the responsibility of the Property Owners Association with the help of the Street Department when excavation or cleaning of the retention basin, now the responsibility of Mr. Green, is needed. The name change "Collenwood11 for the development was pointed out by Chairman Gray. Chairman Gray pointed out that a waiver would be in order since the approval of a fifty (50) ft. radius was approved before passage of an ordinance setting forth a sixty ( 60) ft. culdesac radius requirement. He noted that street paving is also an issue in final plat approval. City Engineer Reel said that his recommendation to,the Commission is to require completion of streets before the final plat is submitted to the City Council. Chairman Gray related that letters of approval are on file approving all utilities. Commissioner Hardwick moved, seconded by Commissioner Reid that the FINAL PLAT of Collenwood Subdivision Phase 1, so named, formerly Stonewall Phase VI, be APPROVED with the following stipulations: (1) that streets be completed to the satisfaction of the City Engineer prior to presentation of the Final Plat to the City Council (2) that a privacy fence be constructed of wood or a similar material along the Berkshire and Loop Road property lines by the developer upon completion of each residence before a certificate of occupancy is issued (3) that the Bill of Assurance set forth that the retention basin and 11 common area11 is the responsibility of the Property OWners Association (4) a ten (10) ft. utility easement will be provided along back boundary lines and (5) a waiver granting a radius of a fifty (50) ft. culdesac on Willimasburg. MOTION CARRIED. 5 J/ Infor.mational Item: FIVE MILE JURISDICTION AREA CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. r.ity Engineer Reel pointed out a situation regarding subdivisions containing five (5) acre tracts or more being developed out in the county within the Jacksonville planning jurisdiction. He said that the property is being sold out to the center of the road, showing a twenty-five (25) or thirty (30) ft. easement with a gravel street and that persons buying the lots are not being informed that the streets are to be owned and maintained by the property owners. He admonished that something be done, perhaps through the Planning Commission with the help of City Attorney Bamburg, requiring the developer to bring the road up to county standards to protect the buyers of the property. He pointed out a 180 acre development in the area of LRAFB within the five mile jurisdiction area of the City will need to be looked at by the Planning Commission in the near future. ANNEXATION LRAFB City Attorney Bamburg voiced that the 30 day time period involving the Annexation will be completed May 22, 1997 and that the item will appear on the City Council Agenda of the first meeting in June. ORDINANCE: City ALLorney Bamburg pointed out that a draft, presented to the Commission by the City Clerk, is under consideration regarding restricting fencing and enclosing in a full and complete basis the salvage area or a portion of their property to enclose and protect any inoperable motor vehicles. He related that the Council would like input from the Planning Commission regarding the draft ordinance. Chairman Gray mentioned giving consideration to public charities where screening might be needed in that numerous things are collected. City Attorney Bamburg pointed out that from a safety aspect, especially in that children could be injured, enclosing those areas is needed. ANNOUNCEMENTS: 6 j ADJOURNMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 1997 7:00 P.M. -8:25 P.M. At this time Chair.man Gray adjourned the meeting at approximately 8:25 p.m. ~:~u~ .. ~ LUI M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 7 JJ JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: 9. INFORMATIONAL ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. JUNE 9, 1997 a. Regular Planning Commission Meeting May 12, 1997 PRELIMINARY Bushwood Estates Ph. II and Bill of Assurance Petitioner: Chet Schirmer b. PRELIMINARY Rebsamen Family Clinic Subdivision a. Petitioner: Tom Seimers representing Rebsamen Hospt. Acessory Bldg: Variance from Maximum sq. footage requested at 2900 General Samuels b. Conditional Use of a Residence in a C-4 zone located at 215 Northgate Drive c. Rezoning of property located at Lot 000, Blk 005 of the Edgewood Subdivision r OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 1997 7:00 P.M. -7:40 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Art Brannen, Mark Perry, answered ROLL CALL. Commissioners Corroum, Walker, Hardwick and Patton were absent. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT five (5), ABSENT (4). Others present for the meeting were Deputy City Clerk Susan Davitt, Marci Wilson and Mylissa Founds, Aldermen Bill Howard and Phil Keaton, Dr. Tom Wortham and Mr. Ron Tabor, representing Rebsamen Family Clinic Subdivision, petitioners and members of the press. PUBLIC HEARINGS: 7:02 p.m. a. Accessory Bldg: Variance from maximum square footage requested at 2900 General Samuels Rd. (Petitioner: Kenneth Jones) Chairman Gray invited Mr. Jones to address the item of business. Mr. Jones related that the building would be 30' by 60' (1800 square foot) and would be located in the adjacent lot. He noted that the height of the building would be approximately 15 foot. He presented a petition signed by twenty-two neighbors out of thirty- two, consenting to the petitioners variance. No one spoke in objection to the request. Chairman Gray closed the public hearing at approximately 7:08 p.m. It was noted that it would be constructed of metal and be located on one of the adjacent lots owned by the petitioner. Commissioner Brannen moved, seconded by Commissioner Reid to Approve the variance as requested. MOTION CARRIED with Chairman Gray voting Aye. b. Conditional Use of a residence in a C-4 zone located at 215 Northgate Drive (Petitioner: Marc Yelenich) Chairman Gray opened the public hearing at approximately 7:11p.m. Mr. Yelenich explained that he is constructing a mini storage facility consisting of 220 units upon opening and later as many as 400 units on a 3 acre tract. He stated that he is requesting a variance to allow a residence/managers office to be placed on site. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 1997 7:00 P.M. -7:40 P.M. He stated that the residence will be approximately 1200 square feet of brick and frame construction. Chairman Gray closed the public hearing at approximately 7:14p.m. Commissioner Brannen questioned allowance of the request as a conditional use under a C-3 zoning and Chairman Gray noted that the property has recently been rezoned. Commissioner Nixon moved, seconded by Commissioner Brannen to Approve the variance for a conditional use at 215 Northgate Drive for a residence/manager office. MOTION CARRIED with Chairman Gray voting Aye. c. Rezoning of property located at Lot 000, Blk 005 of the Edgewood Subdivision (Petitioner: David Spicer) Chairman Gray opened the public hearing at approximately 7:15p.m. and excused himself from discussion regarding the item of business asking Commissioner Brannen to chair the meeting in his absence. Acting Chairman Brannen invited Mr. Spicer to speak on behalf of his request. Mr. Spicer related that two years earlier the property was rezoned to C-1 while his request had been for C-2. He stated that he has returned to ask the Commission to rezone the property to C-2. Acting Chairman Brannen closed the public hearing at approximately 7:17 p.m. In response to a question posed by Commissioner Reid, Mr. Spicer related that he has no future plans for use of the property; indicating that he would keep the property for a while but would like to have it rezoned, adding that if sold later it would be C-2. Acting Chairman Brannen pointed out that Metroplan has asked that commercial zoned property not back up to residential property without knowing use of the property in question. He stated that his recommendation without a quorum present is that the item of business be held in abeyance until the July 14th meeting giving Mr. Spicer time to make a decision regarding whether or not to pursue his request. Mr. Spicer related that if the property was sold he would receive a better price at C-2 instead of C-1. 2 { I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 1997 7:00 P.M. -7:40 P.M. Acting Chairman Brannen suggested that the Commission table the item of business till the July 14th meeting citing that he could not recommend a C-2 rezoning without indication of future use of the property. Commissioner Perry moved, seconded by Commissioner Nixon to hold the item of business in abeyance until July 14, 1997 Planning Commission meeting. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Reid to approve the minutes of the Regular Planning Commission Meeting of May 12, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT: BUSHWOOD ESTATES PHASE II Mr. Orin Noble, representing Bushwood Estates Phase II, related that a waiver on street length will be required pointing out that some dimensional requirements requested by the City Engineers office for Lot 4 and 9 will be corrected on the Final Plat. As discussion ensued, it was noted that none of the property is located in the flood zone. Mr. Noble stated that culdesac radius can accommodate the Fire Department equipment. It was noted that the length of the street is 1150 feet and was addressed by the Commission at the last meeting. Chairman Gray asked that the plat be viewed by the Fire Department. Commissioner Brannen moved, seconded by Commissioner Nixon to APPROVE the PRELIMINARY PLAT of BUSHWOOD ESTATES PHASE II, with the stipulation that a letter of approval from the Fire Department be on file regarding the street length and the 50' culdesac radius. MOTION CARRIED. Chairman Gray voted AYE. b. PRELIMINARY PLAT: REBSAMEN FAMILY CLINIC SUBDIVISION Ron Tabor from the firm of Flake, Tabor Tucker, Wells and Kelley, related that the proj ect will cover 3 1/2 acres , that ADA requirements will be satisfied in the construction process and that the forty thousand square foot, two-story building will be completed at one time. He said that relocation of water and sewer lines along a ditch to the west of the construction site is being taken care of by Bond Engineering. Mr. Bond injected that there will be 270 parking spaces. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 1997 7:00 P.M. -7:40 P.M. Chairman Gray voiced that the Commission would like to see site plans noting that at the last presentation ingress and egress was viewed which met with approval. Mr. Tabor voiced that access will be regulated in that the general safety of the patients is of utmost concern as traffic regulation was discussed. The plan before the Commission showed a 50' setback off Braden and John Harden streets according to Chairman Gray. He added that easements are met as well relating that when letters of acceptance are received from the Water and Sewer Departments a Final Plat would be in order. Commissioner Art Brannen moved, seconded by Commissioner Reid that the PRELIMINARY PLAT of Rebsamen Family Clinic Subdivision be APPROVED. Chairman Gray voted AYE. ANNOUNCEMENTS: ORDINANCE REVIEW: Chairman Gray mentioned that the Ordinance having to do with fencing/ screening will be discussed at the Planning Commission Meeting in July. He noted that the City Council desires input from the Planning Commission before finalizing the ordinance and expressed that copies are available if needed. MAIN STREET COMMITTEE: Chairman Gray noted that Betsy McGuire from Russell ville has invited the committee to visit that city on June 26th to view 11 Main Street 11 improvements . He urged lhose who could go to meet at City Hall at 7:00 a.m. on said date for the trip. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 7:40 p.m. Respectfully, ~A/sa .~ ;La/ M . Leonard Planning Commission Secretary CITY CLERK-TREASURER *Alderman Robert Lewis was in attendance and introduced Zerah Ervin who resides at 912 King Street. She requested placement of a mobile home for her granddaughter at said residence. Chairman Gray instructed the petitioner with regard to public hearing procedures for the next meeting of the Planning Commission. 4 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO APPROVE PLAT(S): 6. PUBLIC HEARING(S): 7:00P.M. 7. GENERAL: ADJOURNMENT AGENDA #1 Municipal Drive 7:00P.M. JULY14,1997 a. b. c. d. e. f. a. b. Regular Planning Commission Meeting June 9, 1997 PRELIMINARY PLAT: Jacksonville Business Park (Pet. Tom Cory) FINAL PLAT: Bellevue Subd. PH. Ill (Pet. Buddy Taylor, Jr.) FINAL PLAT: Long Ford Commercial Subdivision (Pet. Don Long) FINAL PLAT: Quality Car Wash 209 Marshall Road (Pet. Eugene Brech) FINAL PLAT: Quince Hill Subd. (Pet. McArthur Drive Assembly of God) PRELIMINARY & FINAL PLAT: Trickey Hill Subdivision (Pet. Boyce Penn Jr.) 9000 South Hwy 161 Conditional Use/Residence in C-1 zoning (Pet. Cecil Brittain & J.D. Reynolds) 912 King Street Conditional Use/Mobile Home Placement in R-1 zoning (Pet. Zerah Ervin) DISCUSSION: Fencing Unsightly Areas (Draft Ord. in Packet) 9 10-11 {(C OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Dana Nixon, Bob Walker, Art Brannen, Mark Perry, and John Hardwick answered ROLL CALL. Commissioner Reid was absent. Chair.man Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (1). (One opening on Planning Commission due to the resignation of Commissioner Jack Patton for health reasons.) Others present for the meeting were Deputy City Clerk Susan Davitt, Marci Wilson, Aldermen Bill Howard and Phil Keaton, petitioners, and members of the press. PUBLIC HEARINGS: 7:06 p.m. a. Conditional Use: 9000 South Hwy 161/Residence in C-1 zoning (Petitioner: Cecil Brittain) Chairman Gray invited Mr. Cecil Brittain to address the item of business. Mr. Brittain explained when the property was purchased it was made into a daycare center and has been leased as such. He related that the new tenant of the property desires to live in the adjacent home on the property and operate the daycare facility. He noted that the day care facility has received approval from the State Department of Health. He stated that his request is for a residential conditional use in a C-1 zoning. He offered copies of the plat to the Commission for their consideration. No one spoke in opposition to the request. Chair.man Gray closed the public hearing at approximately 7:11p.m. Discussion ensued as to the posting of the property. Posting of the property could not be verified, therefore, the public hearing was held in abeyance until the next regularly scheduled Planning Commission meeting of August 11, 1997; as suggested by City Attorney Bamburg. Chairman Gray briefly explained the significance of advertising and posting of properties regarding the public hearing procedure. It was noted that the sign for posting can be obtained in the office of the City Clerk and Chairman Gray apologized for the Planning Commission not being able to fully conduct the public hearing at this meeting. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. b. Conditional Use of a mobile home in a R-1 zone located at 912 King Street (Petitioner: Zerah Ervin) Chairman Gray introduced the item of business and questioned whether or not the property was properly advertised and posted. It was noted by Deputy City Clerk Susan Davitt that the property had been properly advertised. Posting of the property could not be verified. After questioning the petitioner regarding posting of the property, it was determined by Chairman Gray that the public hearing would be opened but held in abeyance until property could be properly posted. Chairman Gray opened the public hearing at approximately 7:15 p.m. Mrs . Zerah Ervin of 912 King Street stated her request and related that for reasons regarding her husbands health she was requesting placement of the mobile home for her granddaughter who would help with his care. Discussion ensued regarding placement of the sign for posting. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:19 p.m. and stated that it would be held in abeyance until the next regularly scheduled meeting of August 11, 1997. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Perry to approve the minutes of the Regular Planning Commission Meeting of June 9, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT: JACKSONVILLE BUSINESS PARK Mr. Tommy Bond introduced the plat as a joint collaboration between the City and the Industrial Foundation. He related that the construction would be phased beginning with 6 to 10 lots. Discussion ensued as to the various tracts of land originally presented in the sketch plat and it was noted by Chairman Gray that the property is zoned M-2 whi ch allows for the predominate commercial development intention. 2 .q./ CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. Mr. Bond stated that he thought the property would also contain manufacturing, adding that the corner of Redmond and Main mostly lends itself to commercial. Chairman Gray further noted that commercial uses are listed as a conditional use for the M-2 zone and would require conditional use approval. Mr. Bond related that the first phase of the development concept is directed toward lots 21, 23, 9 through 15 and 1; adding that these lots will sewer off an existing sewer line while the rear lots will carry a substantial front end cost with regard to development of sewer. Discussion limiting ingress and egress off Redmond Road ensued, primarily focusing on lots 1, 13, 14, and 21 which could carry the appearance of fronting off Redmond but preclude access onto such. Commissioner Hardwick pointed out that lot 23 would have to access onto Main or Redmond suggesting a common easement between lots 22 and 23, adding that access considerations need to be kept away from the corner of Main and Redmond. Mr. Bond offered that lot 23 could carry a secondary access off Redmond Road smaller than the primary access off Main Street. Discussion ensued setback for lots intentions. as to other 22 and 23 consideration regarding the 35' noting commercial development Commissioner Brannen moved, seconded by Commissioner Hardwick that the Preliminary Plat of Jacksonville Business Park be APPROVED stipulating that lots 22 & 23 carry a 50' setback off Redmond Road and Main Street, further stipulating that Lots 13, 14, 21, and 1 show no access onto Redmond Road. MOTION CARRIED. b. FINAL PLAT: Bellevue Subdivision Phase III In response to a question posed by Chairman Gray, City Engineer Reel related that Water and Wastewater letters of approval have been received and that Council presentation would need to be held until street completion, which he estimated to be approximately one week. He stated that the office of the City Engineer would make the inspection for final acceptance of the street work. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. It was noted by City Engineer Reel that the turning radius meets Fire Department requirements and that fire hydrant requirements were also satisfa ctory . He explained that when p l ans are received by the Water Dep artment they are reviewed by the Fire Department regarding fire hydrant placement. In response to a question posed by Commissioner Brannen, Mr. Bond related that he felt lots 1, 79 and 85 would build facing Bel Air Loop along the 35' setback. Commissioner Brannen moved, seconded by Commissioner Walker to APPROVE the Final Plat of the Bellevue Subdivision Phase III contingent upon street acceptance by the City regarding compliance and completion before being submitted to the City Council, that lots 1, 79 and 85 would build facing the 35' setback with the plat approved by the Fire Department. MOTION CARRIED. c. FINAL PLAT: Long Ford Commercial Subdivision Representative for the owner, Mr. Bond and City Engineer Reel, concurred that all Water and Sewer r elocation work was done by those d e partments t o their own specificat ions t hus relinquishing the nee d f o r letters of acceptanc e by tho se departments . Mr. Bond related that all relocation work was done on a cost sharing basis, noting a substantial investment by the developer to satisfy all r e q uirements in order to obtain a certificate of occupancy. It was noted by Chairman Gray, that paved areas, egress and ingress are private. Commissioner Hardwick moved, seconded by Commissioner Perry to ACCEPT the Final Plat of Long Ford Commercial Subdivision as presented. MOTION CARRIED. d. FINAL PLAT: Quality Car Wash Mr. Bond related that a final plat is being s ubmitted to comply with City regulations regarding single one lot sub divisions. Chairman Gray related that the structure has been built and is currently in use. Commissioner Brannen moved, seconded by Commissioner Walker to APPROVE the Final Plat of Quality Car Wash as presented. MOTION CARRIED. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. e. FINAL PLAT: Quince Hill Subdivision Mr. Bond related that the item first appeared before the Planning Commlf:lslon as much as a year ago at wh ich time a preliminary/final plat was presented for lot one. He stated that he was reminded by the City Engineer that a final plat would be required on the property enahling the Assembly of God Church to proceed with its new facility. In response to questions posed by Chairman Gray, Mr. Bond related that a twelve inch water line is located on John Harden Drive, and one or two fire hydrants are located on the property adding that fire protection may need to be addressed at the time a building permit is applied for regarding fire safety. Chairman Gray related that lot lF contains a single family residence, adding that final plat approval finalizes the process. It was noted that setbacks regarding the single family structure were grandfathered in at the time of preliminary plat approval. Commissioner Walker moved, seconded by Commission Hardwick to APPROVE the Final Plat of Quince Hill Subdivision. MOTION CARRIED. f. PRELIMINARY/FINAL PLAT: Trickey Hill Subdivision Mr. Phil Keaton related that final plat approval satisfies the requirements for a one lot Subdivision. He related that the petitioner desires to buil d a single family residence, adding that utilities are available a n d streets are completed . It was noted that the property is zoned R-1 and will carry a 35' setback. He then related that the property is not in the flood zone. Commissioner Brannen moved, seconded by Commissioner Nixon to APPROVE the Preliminary/Final Plat of Trickey Hill Subdivision stipulating the change of 30' to 35' building line setback. MOTION CARRIED. ANNOUNCEMENTS: DRAFT ORDINANCE REVIEW: Chairman Gray related the nature of the ordinance and stated that the City Council is reviewing the draft ordinance as well. City Attorney Bobby Bamburg related that information from surrounding cities was used in drafting the ordinance. He related that the ordinance is a working document presented for Planning Commission considerations. He stated that the City Council will 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. discuss the ordinance again at the next regularly scheduled City Council Meeting. He related that after discussion with the City Council he has suggested that other items of concern be addressed in separate ordinances which would be more applicable for the subject to be addressed. He suggested that the draft ordinance before the Planning Commission be limited to address the fencing of unsightly conditions involving automobiles, adding that some other concerns of the Council were old appliances and equipment storage in manufacturing areas. He asked the Planning Commission to include comment for those items of concern as well, adding that it would be used in the draft ordinances being constructed. Commissioner Brannen commented on safety concerns regarding the storage of mattresses in an upright position along Hwy 161 at some of the flea markets. In response to a question posed by Commissioner Corroum, City Attorney Bamburg related that the basis he was asked to establish in drafting the ordinance was that of a safety aspect as well as aesthetics. He mentioned concerns involving some businesses along Hwy 67/167, primarily because of how the area appears to the public as well as enclosing certain areas which create a hazard for children. He explained the nature of such hazards known as 11 attractive nuisances 11 regarding child safety. He related that there were specific comments regarding businesses located on Redmond and Hwy 161. Commissioners Brannen and Hardwick concurred that with regard to using hedges or fencing, it should be limited to on~ 'or the other questioning future fence maintenance. City Attorney Bamburg related that fence deterioration over a period of time would be addressed by the Code Enforcement Officers, requiring the property owner to maintain the fence according to code provisions. Commissioner Brannen agreed that provisions for maintaining fences could be included in the ordinance. In response to a question posed by Commissioner Corroum, City Attorney Bamburg related that the ordinance will be equally enforced for businesses that front high traffic areas as well as those which are not a visible with regard to screening and safety purposes for auto-parts, repair and salvage. He related that forthcoming ordinances addressing other concerns will have similar provisions that apply to commercial areas as well as manufacturing. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. It was noted that only gas stations involved with vehicle repair would be addressed under this ordinance. He pointed out that vehicles that could not be stored away from public sight would be required to fence those areas. Discussion ensued as to suggested materials used for fencing. City Attorney Bamburg explained the intent was to have tences and gates constructed in a consistent fashion with an aesthetic appeal as well as addressing safety issues. Chairman Gray speaking on behalf of the Planning Commission members encouraged efforts to make the community more visibly attractive and safe. He asked that Planning Commission role and responsibility as well as that of Code Enforcement be given consideration in ordinance preparation. He suggested that other ordinances need to follow quickly in addressing un-sightly attractions. Discussion ensued as to considerations regarding permanent storage of equipment typically used in construction. It was the general consensus that there is a need for specific definitions regarding equipment. City Attorney Bamburg reminded the Commission that the current ordinance will only address inoperable vehicles. In response to a suggestion from Chairman Gray, City Attorney Bamburg .r.·elated that enforcement dates be modified taking into consideration the original drafting time of the ordinance giving businesses adequate time to comply. Commissioner Nixon pointed out that in giving consideration to aesthetic appeal, materials used for fencing and terminology needs to be more specific in nature. Commissioner Brannen expressed concerns regarding shrubbery and its future maintenance. City Attorney Bamburg related that the City Council will conduct public hearings before adoption of the ordinance. Other unsightly areas of concern were mentioned. Chairman Gray suggested that while a review committee may be needed it should not be the Planning Commission. 7 f I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. -8:25 P.M. Discussion ensued as to an increase in responsibility for the Board of Adjustment regarding the appeals process. City Attorney Bamburg related that there is the possibility of addressing different business types with more narrowed zoning provisions. In response to a suggestion from Commissioner Corroum, City Attorney Bamburg related that at the peak of mowing and clean up season, efforts are being made to keep up with the demands. He stated that this is a common problem shared by all municipalities. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 8:25 p.m. Respectfully, ~~.~_) Lu -M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 8 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: 9. INFORMATIONAL ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. AUGUST 11, 1997 a. Regular Planning Commission Meeting July 14, 1997 900 So. Hwy 161 Conditional Use Residence in C-1 zone (Pet. Cecil Brittain & J.D. Reynolds) b. 912 King Street Conditional Use Mobile Home in R-1 zone (Pet. Zerah Ervin) c. 507 Loop Road Conditional Use C-1 business in C-3 zone (Pet. Ardith Kellar) d. 103 Cambridge Cove Accessory Bldg. Maximum Square Footage Variance (Pet. Hugh Hensley) ( OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Art Brannen, and John Hardwick answered ROLL CALL. Commissioner Nixon and Perry were absent. Chair.man Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT six (6}, ABSENT (1}. (One opening on Planning Commission} Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Marci Wilson, petitioners, and members of the press. PUBLIC HEARINGS: a. Conditional Use: 9000 South Hwy 161/Residence in C-1 zoning (Petitioner: Cecil Brittain} Chairman Gray opened the public hearing at approximately 7:00p.m. It was noted for the record that all properties for public hearing were properly posted and advertised. Mr. Cecil Brittain related that the property and house were purchased in 1985 and that after an addition to the house it operated as a daycare center. He stated that the property became vacant, then leased to new tenants who expressed desires to maintain a residence in a portion of the building while operating the daycare facility. He stated that the building will need to meet with Fire Department regulations regarding the operation of both a home and daycare facility. No one spoke in opposition to the request. Chair.man Gray closed the public hearing at approximately 7:07p.m. In response to a question posed by Commissioner Brannen, City Engineer Reel related that the Fire Marshall and the Code Enforcement Officers will make their inspections regarding regulations before a certificate of occupancy is issued. Commissioner Corroum moved, seconded by Commissioner Reid that the request be approved for a residence in a C-1 zone stipulating that it meets with Code approval. MOTION CARRIED. Chairman Gray clarified that a conditional use permit is granted to a person, or for a specific period of time, or for some existing 1 ,I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. condition; adding that when variances are granted they extend only while owners who petitioned still own the property and are not automatically transferred to new owners or operators. It was noted that Code Enforcement Officers have the opportunity to check conditional use variances granted during the privilege tax process to previous owners or operators. Commissioner Brannen offered that residential variances are usually granted for a specific period of time. b. Conditional Use of a mobile home in a R-1 zone located at 912 King Street (Petitioner: Zerah Ervin) Chairman Gray opened the public hearing at approximately 7:13p.m. Mrs. Zerah Ervin of 912 King Street stated her request and related that for reasons regarding her husbands health she was requesting placement of the mobile horne for her granddaughter who would help with his care. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:15p.m. In response to questions posed by Commissioner Hardwick and concerns voiced by Commissioner Reid, Mrs. Ervin stated that she felt a single wide mobile horne would be purchased and related aesthetic intentions regarding placement of the mobile horne. Commissioner Brannen remarked that if she maintains the mobile horne as well as she does her present horne, he does not see any problems regarding aesthetics. Discussion ensued regarding a temporary basis and the time needed as condition warrants. Questions regarding a site built horne were considered. Mrs. Ervin related that having her granddaughter close would be mutually beneficial. Chairman Gray made reference to a petition signed by Mrs. Ervin's neighbors accepting her request and stated that the conditional use needs to carry a consideration for time placement as needed. He explained the difference between a conditional use and actually rezoning the property. Commissioner Corrourn questioned addressing the i tern as a "situation which warrants meeting the needs of the family" versus specified time considerations. 2 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Commissioner Brannen moved to grant a conditional use variance for mobile home placement at 912 King Street stipulating that the item be brought back before the Commission in three years if the situations still exists. MOTION DIED FOR LACK OF A SECOND. Giving consideration to expense of renewal process in a three year period of time and approval of Mrs. Ervin's neighbors Commissioner Hardwick made the following motion. Commissioner Hardwick moved, seconded by Commissioner Walker to approve a conditional use variance for placement of a mobile home at 912 King Street stipulating that the petitioner purchase and underpin a new unit, giving time of placement for as long as Mr. and Mrs. Ervin live or reside at the property. MOTION CARRIED. c. 507 Loop Road Conditional Use for C-1 business in a C-3 zone. (Petitioner: Ardith Kellar) Chairman Gray opened the public hearing at approximately 7:29p.m. Chairman Gray determined that no one was present to speak either for or against the item of business. Commissioner Brannen moved, seconded by Commissioner Reid to table the item of business until the petitioner or a representative can be present. MOTION CARRIED. Chairman Gray closed the public hearing at approximately 7:30p.m. d. 103 Cambridge Cove Maximum Square Footage Variance regarding an Accessory Building. Chairman Gray opened the public hearing at approximately 7:30p.m. Mr. Norman A. Provencial, representing Mr. Hugh Hensley, stated that Mr. Hensley owns an oversized lot and has already obtained a building permit for a 650 square foot accessory building; but is requesting a 900 square ft. building so that he can house antique cars he owns. In response to a question posed by Commissioner Hardwick Mr. Provencial related that the building would be approximately 13'6" in height. Chairman Gray closed the public hearing at approximately 7:32 p.m. with no one present to speak in opposition. 3 ;o I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Discussion ensued as to construction progress, setbacks and adjoining property. It was noted that the owner of the rental property adjacent to the west has been contacted and that there has been no opposition with regard to the proposed 3 0 'x 3 0' building which will match the exterior of the existing home using vinyl siding and a contoured roof. He said that on the east side of the accessory building there will be two eight foot overhead aluminum garage doors, a personal door and two windows. He pointed out that the width of the driveway will be eight feet seven inches. City Engineer said that the City has no problem with the proposed building in that it will match the existing home and that the structure will not be offensive. Commissioner Hardwick moved, seconded by approve the variance for construction accessory building to be located at requested. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Corroum to of a 900 square foot 103 Cambridge Cove as Commissioner Brannen moved, seconded by Commissioner Walker to approve the minutes of the Regular Planning Commission Meeting of July 14, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: ANNOUNCEMENTS: POSTING OF PROPERTY: City Attorney Bamburg pointed out that passage of Ordinance 1082, passed by the City Council recently, sets forth that the Code Enforcement Office will be responsible for the posting of property, advertised through the office of the City Clerk, for public hearings related to action by City Boards and Commissions. FENCING: City Engineer Reel encouraged those on a committee, working on an ordinance for more control over undesirable areas with regard to automobile storage, etc., to give special consideration to definitions. Chairman Gray voiced that he will appoint two members to the 4 l I L CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. committee in the next few days. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 7:45 p.m. ~es e~tfully, / -~,'!&, ~ I.m M . Leonar Planning Commission Secretary CITY CLERK-TREASURER 5 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO SET PUBLIC HEARING(S): 6. REQUEST TO APPROVE PLAT(S): 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: 9. INFORMATIONAL ITEM: ADJOURNMENT #1 Municipal Drive 7:00P.M. AUGUST 11, 1997 a. Regular Planning Commission Meeting July 14, 1997 900 So. Hwy 161 Conditional Use Residence in C-1 zone (Pet. Cecil Brittain & J.D. Reynolds) b. 912 King Street Conditional Use Mobile Home in R-1 zone (Pet. Zerah Ervin) c. 507 Loop Road Conditional Use C-1 business in C-3 zone (Pet. Ardith Kellar) d. 103 Cambridge Cove Accessory Bldg. Maximum Square Footage Variance (Pet. Hugh Hensley) [ OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Art Brannen, and John Hardwick answered ROLL CALL. Commissioner Nixon and Perry were absent. Chair.man Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (1). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Marci Wilson, petitioners, and members of the press. PUBLIC HEARINGS: a. Conditional Use: 9000 South Hwy 161/Residence in C-1 zoning (Petitioner: Cecil Brittain) Chairman Gray opened the public hearing at approximately 7:00p.m. It was noted for the record that all properties for public hearing were properly posted and advertised. Mr. Cecil Brittain related that the property and house were purchased in 1985 and that after an addition to the house it operated as a daycare center. He stated that the property became vacant, then leased to new tenants who expressed desires to maintain a residence in a portion of the building while operating the daycare facility. He stated that the building will need to meet with Fire Department regulations regarding the operation of both a home and daycare facility. No one spoke in opposition to the request. Chair.man Gray closed the public hearing at approximately 7:07p.m. In response to a question posed by Commissioner Brannen, City Engineer Reel related that the Fire Marshall and the Code Enforcement Officers will make their inspections regarding regulations before a certificate of occupancy is issued. Commissioner Corroum moved, seconded by Commissioner Reid that the request be approved for a residence in a C-1 zone stipulating that it meets with Code approval. MOTION CARRIED. Chairman Gray clarified that a conditional use permit is granted to a person, or for a specific period of time, or for some existing 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. condition; adding that when variances are granted they extend only while owners who petitioned still own the property and are not automatically transferred to new owners or operators. It was noted that Code Enforcement Officers have the opportunity to check conditional use variances granted during the privilege tax process to previous owners or operators. Commissioner Brannen offered that residential variances are usually granted for a specific period of time. b. Conditional Use of a mobile home in a R-1 zone located at 912 King Street (Petitioner: Zerah Ervin) Chairman Gray opened the public hearing at approximately 7:13p.m. Mrs. Zerah Ervin of 912 King Street stated her request and related that for reasons regarding her husbands health she was requesting placement of the mobile home for her granddaughter who would help with his care. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:15p.m. In response to questions posed by Commissioner Hardwick and concerns voiced by Commissioner Reid, Mrs. Ervin stated that she felt a single wide mobile home would be purchased and related aesthetic intentions regarding placement of the mobile home. Commissioner Brannen remarked that if she maintains the mobile home as well as she does her present home, he does not see any problems regarding aesthetics. Discussion ensued regarding a temporary basis and the time needed as condition warrants. Questions regarding a site built home were considered. Mrs. Ervin related that having her granddaughter close would be mutually beneficial. Chairman Gray made reference to a petition signed by Mrs. Ervin's neighbors accepting her request and stated that the conditional use needs to carry a consideration for time placement as needed. He explained the difference between a conditional use and actually rezoning the property. Commissioner Corroum questioned addressing the i tern as a "situation which warrants meeting the needs of the family" versus specified time considerations. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Commissioner Brannen moved to grant a conditional use variance for mobile home placement at 912 King Street stipulating that the item be brought back before the Commission in three years if the situations still exists. MOTION DIED FOR LACK OF A SECOND. Giving consideration to expense of renewal process in a three year period of time and approval of Mrs. Ervin's neighbors Commissioner Hardwick made the following motion. Commissioner Hardwick moved, seconded by Commissioner Walker to approve a conditional use variance for placement of a mobile home at 912 King Street stipulating that the petitioner purchase and underpin a new unit, giving time of placement for as long as Mr. and Mrs. Ervin live or reside at the property. MOTION CARRIED. c. 507 Loop Road Conditional Use for C-1 business in a C-3 zone. (Petitioner: Ardith Kellar} Chairman Gray opened the public hearing at approximately 7:29p.m. Chairman Gray determined that no one was present to speak either for or against the item of business. Commissioner Brannen moved, seconded by Commissioner Reid to table the item of business until the petitioner or a representative can be present. MOTION CARRIED. Chairman Gray closed the public hearing at approximately 7:30p.m. d. 103 Cambridge Cove Maximum Square Footage Variance regarding an Accessory Building. Chairman Gray opened the public hearing at approximately 7:30p.m. Mr. Norman A. Provencial, representing Mr. Hugh Hensley, stated that Mr. Hensley owns an oversized lot and has already obtained a building permit for a 650 square foot accessory building; but is requesting a 900 square ft. building so that he can house antique cars he owns. In response to a question posed by Commissioner Hardwick Mr. Provencial related that the building would be approximately 13'6" in height. Chairman Gray closed the public hearing at approximately 7:32p.m. with no one present to speak in opposition. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. Discussion ensued as to construction progress, setbacks and adjoining property. It was noted that the owner of the rental property adjacent to the west has been contacted and that there has been no opposition with regard to the proposed 30'x 30' building which will match the exterior of the existing home using vinyl siding and a contoured roof. He said that on the east side of the accessory building there will be two eight foot overhead aluminum garage doors, a personal door and two windows. He pointed out that the width of the driveway will be eight feet seven inches. City Engineer said that the City has no problem with the proposed building in that it will match the existing home and that the structure will not be offensive. Commissioner Hardwick moved, seconded by Commissioner Corroum to approve the variance for construction of a 900 square foot accessory building to be located at 103 Cambridge Cove as requested. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Walker to approve the minutes of the Regular Planning Commission Meeting of July 14, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: ANNOUNCEMENTS : POSTING OF PROPERTY: City Attorney Bamburg pointed out that passage of Ordinance 1082 , passed by the City Council recently, sets forth that the Code Enforcement Office will be responsible for the posting of property, advertised through the office of the City Clerk, for public hearings related to action by City Boards and Commissions. FENCING: City Engineer Reel encouraged those on a committee, working on an ordinance for more control over undesirable areas with regard to automobile storage, etc., to give special consideration to definitions. Chairman Gray voiced that he will appoint two members to the 4 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. -7:45 P.M. committee in the next few days. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 7:45 p.m. Respe ctfully, £~~n~ Planning Commission Secretary CITY CLERK-TREASURER 5 /[Jq . /I 0 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CAl I : 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. REQUEST TO APPROVE BUILDING PERMIT(S): 5. REQUEST TO APPROVE PLAT(S): 6. REQUEST/STREET OR ALLEY 7:00P.M. SEPTEMBER 8, 1997 a. Regular Planning Commission Meeting August 11, 1997 Preliminary Plot Plan-Apache Moving & Storage Tract A-1 P.I.P. 1300 North Redmond Road (Petitioner: Ed Thompson) (Plat in Packet) REPLAT: Lots 151-154 & 160-164 Clover Ridge Subd. PH. lA (Petitioner: Tommy Dupree) (Plat in Packet) b. REPLAT: Lots 159 Northlake PH. Ill and Lot 168RR PH. V (Petitioner: Jack Wilson) (Plat in Packet) CLOSING: a. Bertha Street 7. PUBLIC HEARING(S): 7:00P.M. 8. GENERAL: ADJOURNMENT (Petitioner: O'Dell Construction) b. Crestview Dr. (Vine St. North to T.P. White Dr.) (Pet. Thad Gray) a. 507 Loop Road Conditional Use of C-1 business in C-3 zone (Pet. Ardith Kellar) b. 8012 South Hwy 161 Conditional Use of Mobile Home (Pet. Calvary Baptist Church) c. 2226 T.P. White Conditional Use C-2 business in C-3 zone (Pet. Lloyd Aclin) ( J OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, Art Brannen, Mark Perry and John Hardwick answered ROLL CALL. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT eight {8), ABSENT {0). {One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Marci Wilson, petitioners, and members of the press. PUBLIC HEARINGS: 7:00 P.M. a. 507 Loop Road Conditional Use for C-1 business in a C-3 zone. {Petitioner: Ardith Kellar) No person was present representing the item of business. Chairman Gray expressed that the item, held in abeyance since the Regular Planning Commission Meeting in July, will continue at that status with action to be taken at a later date if requested by the petitioner. b. 8012 South Hwy 161 Conditional Use of Mo~ile Home Chairman Gray opened the public hearing at approximately 7:07p.m. Mr. Archie Beggs, pastor of the Calvary Baptist Church, explained that the mobile chapel is used for educational purposes only. He said that it does have a restroom, not a bathroom, and that it adjoins the present church building by a ramp. He expressed appreciation for the past five-year conditional use permit and requested that another be granted for the same period of time . He said that a permanent structure is planned but that funds for such are not readily available. There was no opposition to the request expressed. Chairman Gray closed the public hearing at approximately 7:08p.m. Commissioner Corroum related that he had viewed the unit and that it appeared to be attractive and well maintained. 1 /(I (fY CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. Commissioner Bob Walker moved, seconded by Commissioner Nixon to grant a five-year conditional use for a manufactured unit to be used for educational purposes at 8012 S. Hwy 161 by Calvary Baptist Church. MOTION CARRIED. Chairman Gray explained that at the end of the five-year period there would be no guarantee for further use as granted. c. 2226 T.P. White Conditional Use for C-2 business in C-3 zone Chairman Gray opened the meeting at 7:13 p.m. Mr. Jimmy Durham represented Mr. Lloyd Aclin and Mr. Ken Bexton presented the requested use of the property which he said would be a discount home center selling carpet, ceramic tile, kitchen cabinets, etc. Mr. Durham posed a question regarding why the C-2 conditional use request had to be brought before the Planning Commission when the classification of the use of the property was a lower one than exists, (C-3). Chairman Gray voiced that the question would be answered at a later time during the meeting. There being no opposition voiced regarding the request, Chairman Gray closed the public hearing at 7:15 p.m. Chairman Gray questioned the ingress and egress with regard to the business. Mr. Bexton related that it would not be a high traffic type business. Commissioner Brannen moved, seconded by Commissioner Reid to accept the request made for a conditional use permit regarding the operation of a discount home center by Mr. Ken Bexton at 2226 T.P. White Drive. MOTION CARRIED. Chairman Gray related that there is not an automatic downgrade regarding conditional use as listed in the Jacksonville Municipal Code, that the process involves a request presented to the Jacksonville Planning Commission. At this time, Chairman Gray, without objection from the Planning Commission members, moved 11 Public Hearing (s) 11 from item nUltlber (7.) to item number (3.) on the Planning Commission Agenda. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded approve the minutes, as presented, Commission Meeting of August 11, 1997. REQUEST TO APPROVE BUILDING PERMITS: by Commissioner Walker to of the Regular Planning MOTION CARRIED. Preliminary Plot Plan-Apache Moving & Storage Tract A-1 P.I.P. City Engineer Reel pointed out that the plat is a proposed development scheme in an unrecorded subdivision which made it necessary to bring it before the Planning Commission. He related that elevations need to be shown on the drawings so that drainage patterns could be determined around the four proposed facilities. He said that the way the entrance is set up would not accommodate fire trucks. He requested that the Planning Commission give conditional approval for construction of the eastern most building, the one closest to Redmond Rd., with the stipulation that the two items, drainage and fire safety, be addressed in a proper manner. He related that setbacks and zoning are in order for the four forty to fifty thousand square foot buildings. He said that the petitioner has been made aware by the Fire Marshall that the buildings will have to be sprinkled and that the developer is going to run a ten inch water line across Redmond Road making an ample water supply. There was some discussion regarding a swimming pool which encroaches on the property which City Engineer Reel said would have to be adjusted in the title process when the property changes hands. There was discussion regarding when the pool was built. Commissioner Hardwick pointed out that there is a 100' easement involved in the location of the pool. City Engineer Reel said that if the buildings are adequately sprinkled as required, a fire hydrant might be placed right at the front of the property for supplemental water supply. He added that additional fire hydrants are not required with adequate sprinkling which is the designers responsibility pointing out that the Fire Marshall is watching the matter closely and that he has to sign off on the plans before a building permit can be issued. Commissioner Hardwick moved, seconded by Commissioner Corroum that the request of Apache Moving and Storage be approved for 3 !1.3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. construction of the easternmost building indicated on a plat addressed as 1300 North Redmond Road with the stipulation that drainage elevations are indicated on the plat, and that ingress, egress, water, and fire code requirements are met to the satisfaction of the City Engineer and the Fire Marshall. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. REPLAT: Lots 151-154 and 160-164 Clover Ridge Subdivision PH 1A The item was bypassed to be considered later in the meeting as further information with regard to previous action by the Commission was obtained by the Deputy Clerk. b. REPLAT: Lots 159 Northlake Phiii and Lot 168RR PH V Mr. Glen Keaton of Bond Engineering represented the i tern of business. The Commission perused a plat which indicated three lots, 168 which was originally part of 159R, 168RR, 168, and one Tract, 168R. Mr. Tommy Bond said that lot 168 should have an "F" designation. He related that Mr. Jack Wilson is the owner of 168RR, 168, 159R, and Tract 168R. After a question from Mr. Art Brannen, Mr. Bond said that 159R is a vacant lot in the flood zone and should be designated as such, 159FR. It was pointed out by Commissioner Walker that lots 159R and 168 were originally 159R and that 168R is in the flood plain. Commissioner Hardwick pointed out that 168R should read 168FR expressing that he has fears of it becoming a no-man's land if the property were ever foreclosed on. Chairman Gray made an observation that documents related thereto may need to indicate that in the sale of the main lot the secondary lot should be transferred as part of the main lot. He said that the inclusion of the "F" designation may need to be required for lots 159R, 168RR, and 168. It was pointed out by Mr. Bond that 168RR, as indicated, has been replated once after a question by Commissioner Hardwick. Chairman Gray explained that the "R'' represents a revised plat. 4 r j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. The 30' building line for lot 168FRR was discussed. Mr. Bond related that the house is built according to the plat as indicated. It was pointed out by Chairman Gray that the easements will remain as they are on the plat. At this time Commissioner Brannen moved to approve the Replat with the changes to read 168FRR, 168F,159FR, and Tract 168F. There was not a second to the motion. Commissioner Hardwick suggested that lots 168FRR and 168FR should always be addressed together and should be so indicated on the plat. It was suggested that Tract 168FR and 168, as indicated on the plat before the Commission, be made into one tract. Commissioner Hardwick moved that the RE-PLAT of Lot 168RR, Tract 168R, 168, and 159R be accepted with the stipulation that Tract 168R and Lot 168 be combined and shown as 168FR, that_ the plat show a note that Tract 168FR always convey with 168FRR and that lot 159R be redesignated as 159FR. The motion was seconded by Commissioner Brannen. MOTION CARRIED. Chairman Gray encouraged the engineers to redraw the plat and present it to replace the one before the Commission-; DEVIATION IN AGENDA: a. REPLAT: Lots 151-154 & 160-164 Clover Ridge Subdivision PH 1A Mr. Tommy Bond related to the Commission that the numbering of the lots on the plat before the Commission would be as follows: 154 changed to 155, 155 changed to 156, 156 changed to 157, 157 changed to 158, 158 changed to 159. 159R changed to 160R, 160R changed to 161R, 161R changed to 162R, and 162R changed to 163R. He indicated the changes on the plat on file in the office of the City Clerk. Chairman Gray said in actuality four 50' lots have been made into three 80' lots and five 60' lots into four 75' lots. Commissioner Corroum moved, seconded by Commissioner Reid to approve the replat as redesignated. MOTION CARRIED. Chairman Gray explained that the City Council will host public hearings after recommendation from the Planning Commission 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. regarding the items of closing Bertha Street and part of Crestview Drive. RE UEST STREET O:R ALLEY CLOSING: a. Bertha Street Shawn O'Dell of O'Dell Construction requested that Bertha Street be closed and used as a private drive. He related that the street serves three properties. Chairman Gray noted that the street runs from Jeff Davis to James Street. City Engineer Reel related that easements will have to be retained for sewer and drainage. He then stated that the City has no plans to develop Bertha Street. Commissioner Hardwick noted problems in that the center property is accessed only off of Bertha Street citing that Code specifies that property will have access onto a public street. Chairman Gray noted that the petitioner will gain twenty-five feet of property assuming that it is a fifty foot street. He stated that the public hearing will give opportunity for others affected by the street closing to be heard, adding that the concerns of the Planning Commission are whether or not it can be considered in the best interest of the City. Commissioner Hardwick read from the Municipal Code reciting 18. 04. 03 0 "No building shall hereuftcr be conotructed on a lot which does not have frontage on a publicly dedicated, accepted, and maintained street." Chairman Gray related that depending on the way the property is replated will probably determine how the Planning Commission would look at replat approval. Commissioner Brannen moved, seconded by Commissioner Hardwick to recommend to City Council that Bertha Street not be closed until the Planning Commission approves the replat of the property and its frontage. MOTION CARRIED. b. Crestview Drive (Vine Street North to T.P. White Drive) Chairman Gray requested that Vice Chairman Brannen address this item of business as Acting Chairman. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. Vice Chairman Brannen recognized Mr. Thad Gray who related that the property was not developed and that presently there is a drainage pattern on the property which would extend toward T.P. White. He pointed out that Vine Street extension has made a more direct pattern to T.P. White thus eliminating the need to develop Crestview Drive to T.P. White. Discussion ensued as to the possibility of Vine Street extension (not a dedicated City Street) being closed. City Engineer Reel related that while it is not a dedicated street it has become a street through common usage, adding that the proposed right-of-way for Crestview Drive to T.P. White becomes unnecessary; adding that another access onto T.P. White Drive would more than likely not be viewed favorably by the Highway Commission or himself. He related that drainage structures are proposed for the area to enhance the drainage. He pointed out that there are no current plans by the City to make a connecting street to T.P. White Drive. In response to a question posed by Attorney Bamburg, Bart Gray related that a dedicated easement from Crestview to T.P. White is stated as such in the deed from the Grays to the current owner of Ramada Inn, adding that for the record Bart Gray Realty owns the access. He stated that ingress and egress has been protected for City use. Discussion ensued as to having Vine Street extension become a dedicated City street. Commissioner Nixon moved, seconded by Commissioner Hardwick to recommend to the City Council the closing of Crestview Drive from Vine to T.P. White. MOTION CARRIED. ANNOUNCEMENTS: It was the general consensus that the item of public hearings would be moved to item three (3) on the Planning Commission Agenda. Other comments were made concerning roll call and via voice votes. Chairman Gray related that September 30th at 3:00 p.m. a meeting with the County Planning Body will be held at the Metroplan Building in Little Rock urging those who can attend. He asked for a volunteer along with Bob Walker to serve on a committee regarding fencing regulations chaired by Alderman Phil Keaton. 7 ADJOURNMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 1997 7:00 P.M. -8:30 P.M. At this time Chair.man Gray adjourned the meeting at approximately 8:30 p.m. Respectfully, £~·0~ Planning Commission Secretary CITY CLERK-TREASURER 8 r l JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. PUBLIC HEARING(S): 7:00P.M. 4. APPROVAL AND/OR CORRECTION OF MINUTES: 5. REQUEST TO APPROVE PLAT(S): 6. REQUEST/STREET OR ALLEY CLOSING: 7. GENERAL: ADJOURNMENT 7:00P.M. OCTOBER 13, 1997 a. b. c. d. REZONING: 3530 West Main from R-0 to C-2 (Petitioner B.J. Boroughs) (info included in packet) Regular Planning Commission Meeting September 8, 1997 3616 T.P. White Metes and Bounds Plat (Petitioner Bob Walker) (info included in packet) SKETCH PLAT: Roderwise Road (Petitioner Mr. Clayton Pollock) (info included in packet) REPLATS: Lot 6 Highland Park & Lot 13 Fair Oaks Subdivison (Petitioners: Mr. Garrick Feldman & Dr. Lee Misak) (info included in packet) REPLAT: Bertha Street UPDATE: Proposed Street Closing of Crestview Drive (City Engineer Reel) II{ OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, and Mark Perry answered ROLL CALL. Commissioner Art Brannen was absent due to work schedules. Chairman Bart Gray ~fr. also answered ROLL CALL and declared a quorum. PRESENT SEVEN (6), ABSENT (2). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, OECD Director Phil Sullivan, Marci Wilson, petitioners, former Commissioner Jim Dornblaser, and members of the press. PUBLIC HEARINGS: 7:00 P.M. a. REZONING: 3530 West Main from R-0 to C-2 (Petitioner B.J. Boroughs) Chairman Gray explained the procedure to be followed during the public hearing. He opened the hearing at approximately 7:03p.m. and requested that the petitioner address the request. Mr. Boroughs stated the request and related that during the process of development sewage problems arose and the sewage pump station had to be moved up to the property requested to be rezoned. He said that he didn't feel the lots would be ideal residentiul loto and was approached by a convenient store operator about using the parcel for that purpose which brought about the petition for rezoning. He related that there is a very high traffic count on the street and that the parcel has a wide frontage. Mr. Jim Dornblaser, 805 Christy Cove in the Bushwood Subdivision spoke in objection to the rezoning. He related that the request is not in conjunction with the Land Use Map accepted by the City of Jacksonville which shows the property for residential use. He pointed out that heavy traffic use in the area is of concern in relation to the dangerous curve on West Main at that point. He said that he did not feel it suitable to put C-2 development between two residential developments. He presented a petition (on file) regarding opposition to the rezoning. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. Mr. Chet Shirmer, 804 Christy Cove in the Bushwood Subdivision expressed concern with regard to the two sharp curves on Main Street at the point where the convenient store is proposed. He added that if Main Street is straightened out in the future, the time might be suitable for rezoning the parcel. Chair.man Gray closed the public hearing at approximately 7:11p.m. Chairman Gray directed a question to City Engineer Reel with regard to the relocation of Main Street to eliminate the dangerous curves mentioned by the opposing parties. City Engineer Reel related that a suggestion is in process to the Transportation Council, who has jurisdiction over the dispersal of federal funds on this type of construction. He said that the next acceptance of suggestions by said Council is scheduled for April in 1998 adding that to get on that funding list, it might take four or five years to see the relocation become reality. He said that the relocation would not eliminate the curved portion of Main Street as it exists now because of the local neighborhoods that it serves. He said that the impact of the change would primarily handle the traffic that is leaving the Marshall and Main area going toward Gravel Ridge. He related that the comprehensive development plan for streets in that area show that at some point in time Campbell Drive will be extended and tied into Main Street in the area of the new DHS building. He said that nothing in the area would be cut off in the plan at this time. He said that the area requested for rezoning is probably a quarter to 3/8 of a mile from commercial or industrial on the north side of Main Street and that on the south side of Main Street there is industrial zoning up to the curve. He related that there would have to be a revision to the proposed Land Use Map that is in force at present with the requested rezoning. Commissioner Nixon moved, seconded by Commissioner Reid that the request to rezone 3530 West Main from R-0 to C-2 be denied. MOTION CARRIED. APPROVAL AND /OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Nixon to approve the minutes, correcting the number present, of the Regular Planning Commission Meeting of September 11, 1997. MOTION CARRIED. 2 /2/ CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. REPLAT: 3616 T.P. WHITE Metes and Bounds parcel Commissioner Walker addressed the item of business, removing himsel.f from the voting process. He said that the property fronts on T.P. White Drive and goes all the way back to Natchez Trace and is on a metes and bounds legal description, the lot being approximately 110 ft. by 300 ft. lot to be sold as one parcel. He related that he is handling the sale of the property for a Mrs. Lewallen who lives in Houston, Texas. City Engineer Reel said that he did not feel the lot should be platted as a one lot subdivision pointing out that subdivision rules and regulations, per Jacksonville Municipal Code, state that a parcel under five acres, with a metes and bounds legal description, should come before the Planning Commission before transfer of title. Commissioner Reid moved, seconded by Commissioner Perry that approval be given for the transfer of the property located at 3616 T.P. White Drive. MOTION CARRIED with Commissioner Walker abstaining from the voting process. b. SKETCH PLAT: Roderwise Road (Petitioner Mr. Clayton Pollock) Chairman Gray introduced the item of business noting that it has not been presented to the County Planning Board adding that there is a possibility that the City of Jacksonville may not have the first jurisdiction on the matter. He recognized Glen Keaton of Bond Engineering who represented the petitioner. He also recognized City Engineer Reel who related that the item has come before the Planning Commission for comments regarding any problem that might be seen if annexation of the area, which is four or five miles away from the City, materializes. He said that each lot will have its own septic system, that public water is available, adding that the lots are approximately one and one-half acre in size. He said if Health Department approval is given, he has no problem with the plat as presented. He said the proposed street is gravel based with an asphalt surface which will meet minimum County standards. He explained that plat presentation should follow the order of sketch, preliminary, and final for development of the area. Commissioner Corroum questioned fire hydrant placement. 3 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. City Engineer Reel said that he was not aware of how fire protection requirements are taken care of in the area because of volunteer fire protection. He added that existing water lines are adequate to maintain individual residential services. He related that his guess would be that fire hydrants are placed at half mile intervals in this development. Commissioner Corroum voiced that perhaps the development of more land in the area should be taken into account with the first lots. City Engineer said that the sketch plat, which gives a geometrical view of a development, could be revised. Chairman Gray voiced that if a preliminary plat is presented, the Commission should seek to see that fire protection and other services would be available. He recognized Mr. Dennis Sobba, Chairman of the Commissioners of the Fire District in the area under discussion and a member of the Pulaski County Planning Board. He said that the Board, according to Ms. Betty Smith, should have viewed the plat prior to it coming to the Jacksonville Planning Commission. He said that he had checked with Mr. Hyat of the Health Department who had heard nothing of the development. He said that the perk should be done as a whole and not by individual property owners. Indications by Mr. Hyat were that one and one- half acres will not suffice for passage of perk tests._ He related that in the Silver Oaks Subdivision, some of the two acre lots required special septic systems. He said a lot of work needs to be done on the plat before it should come before the Commission for approval. Commissioner Corroummoved, seconded by Commissioner Nixon that the item of business with be tabled pending appropriate information and action by the other bodies involved. MOTION CARRIED. c. REPLATS: Lot 6 Highland Park & Lot 13 Fair Oaks Subdivision (petitioners: Mr. Garrick Feldman & Dr. Lee Misak) Mr. Glen Keaton was recognized by Chairman Gray. He explained that the property line between Lot six and Lot 13 has been altered adding that Mr. Feldman, the owner of Lot six in the Highland Park Subdivision, constructed a fence which crossed the property line. He said that an agreement has been reached between property owners and the fence is now on Mr. Feldman's lot. 4 ·I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. Chairman Gray pointed out that the replatted lots complies with zoning. In conclusion, C-ommissioner Walker voiced that the replatting of the lots was to accommodate the fence on Lot 6. Commissioner Walker moved, seconded by Commissioner Corroum that the replat of Lot 6 Highland Park & Lot 13 Fair Oaks Subdivision be APPROVED. MOTION CARRIED. REQUEST /STREET OR ALLEY CLOSING: UPDATE: Proposed Street Closing of Crestview Drive City Engineer Reel stated that a public hearing has been set by the City Council for the first Council Meeting in November to hear comments with regard to closing that part of Crestview Drive that was never developed. ADDITION TO AGENDA: Replat of Lots 3 & 4 Bertha Street off Jeff Davis Avenue City Engineer Reel related that the area is one that has come before the Planning Commission previously in which the closing of Bertha Street, requested by Shawn Odell, was denied. He said that Mr. Odell is now requesting that the parcel be platted into two lots that face Jeff Davis Avenue. By common consent, the item was accepted by the Commission to be placed on the Agenda along with a presentation by Mr. Richard Magee from METROPLAN with reference to jurisdiction of an area outside the City Limits of Jacksonville in the area of the Little Rock Air Force Base. He said that Mr. Odell is proposing to replat existing lots making two residential lots, 55 ft. wide and 190 ft. deep, that face Jeff Davis where water, sewer, and gas is available. He said that the replatting makes Lot 4 smaller and Lot 3 wider. Commissioner Nixon moved, seconded by Commissioner Reid to APPROVE the replat as of Lots 3 and 4 off Bertha Street facing Jeff Davis as submitted. MOTION CARRIED. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. METROPLAN PRESENTATION: Mr. Richard Magee Chairman Gray pointed out that there had been a joint meeting with the Pulaski County Planning Body on 30 September 1997 which was very informative. He said that the County Planning Body basically authorized the Planning Commission of Jacksonville to do what state law allows with regard to working out zoning and planning issues as it related to the planning area that extends into the five-mile or beyond planning area of the city limits of the City of Jacksonville. Mr. Magee expressed appreciation for the invitation to share with the Planning Commission. He distributed information regarding development of the area around the LRAFB. He read from Arkansas State Code, law passed by the legislature in 1995 with regard to city limits and military installations. Said law provides that a city shall enact a city ordinance specifying that within five (5) miles of the corporate limits future uses on property which might be hazardous to aircraft operation shall be restricted or prohibited (14-56-426) . He said that this gives the City of Jacksonville legal authority to do some things which would not have been possible without its passage. He related that the ordinance, according to 14-56-426, (d) (1), shall be consistent with recommendations for studies made by the United States Air Force entitled Air Installation Compatible Use Zone Study, Volumes I, II, and III, dated October, 1992. He added that it also shall not prohibit single-family residential-use on tracts an acre or more in area. He pointed out that different zones, clear, approach zone 1 and 2, and noise, are set in place by the Air Force with regard to use of area. He said that the jurisdictional issue will have to be dealt with, the five -mi l e area outside the city limit's. He said that the planning area of both Cabot and Sherwood may be affected by the City of Jacksonville in dealing with the zonal issue involved. He pointed out the different land use areas on a map during his presentation before the Commission. He said that vacant residential tracts are larger than one acre. He related that the law says the action of the City is not optional, that it shall deal with the issue of the five-mile zone outside the City limits. 6 ·I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. -8:15 P.M. He said that one tool a number of cities have used is to totally rewrite the ordinance dealing with zones, reflecting changes in every zone, and creating new zones. He suggested creating an overlay zone, such as the 11 airport compatibility zone 11 and decide how much of the five mile area the overlay zone will encompass. He said that permitted and conditional uses, based on the compatibility of said use with regard to the overlay zone, could be made an amendment to the original ordinance in place at this time. He related that Metroplan is working on such a proposal and will bring it before the Planning Commission possibly in December. Chairman Gray commented that when the Planning Commission, with the help of Metroplan, and the City Council, through planning, public hearings, ordinances, etc. complete their work, there will be alterations or extensions of the Land Use Map of the City of Jacksonville. Mr. Magee related that Sherwood, Jacksonville, and Cabot will need to work together as jurisdiction adjustments of the area have to be made. He said that Jacksonville has a clear mandate in State Law to deal with the issue whereas Sherwood and Cabot may want to alter their zoning. Mr. Magee said that by the November meeting of the Planning Commission it is possible that a draft could be brought for consideration. ANNOUNCEMENTS : City Attorney Bamburg related thu.t u. draft ordinance regarding telecommunications will be presented to the City Council on October 16, 1997 and that copies will be available for the perusal of the Commission. ADJOURNMENT: At this time Chair.man Gray adjourned the meeting at approximately 8:15 p.m. 7 j JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. PUBLIC HEARING(S): 7:00P.M. 4. APPROVAL AND/OR CORRECTION OF MINUTES: 5. REQUEST TO APPROVE PLAT(S): 6. REQUEST/STREET OR ALLEY CLOSING: 7. GENERAL: ADJOURNMENT 7:00P.M. NOVEMBER 10, 1997 Regular Planning Commission Meeting October 13, 1997 FINAL PLAT: Spring Valley Subdivision (petitioner: B.J. Boroughs) plat included in packet Draft Telecommunications Ordinance (City Attorney Bamburg) copy included in packet /' ;z 7. OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 10, 1997 7:00 P.M. -7:15 P.M. Vice Chairman Brannen opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, and John Hardwick answered ROLL CALL. Commissioner Art Brannen answered ROLL CALL and filled the position of Vice Chair.man in the absence of Chair.man Bart Gray, declaring a quorum. PRESENT FIVE (5), ABSENT (3). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Marci Wilson, petitioners, and a member of the press. PUBLIC HEARINGS: 7:00 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Reid to approve the minutes of the Regular Planning Commission Meeting of October 13, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLAT: FINAL PLAT SPRING VALLEY SUBDIVISION City Engineer Duane Reel voiced that he has contacted the Water Department has submitted their letter of approval to his office adding that the Wastewater Department has related that a letter of approval will be submitted before Final Plat Approval is requested of the City Council. He suid thut streeto and storm drains are in place. Commissioner Walker moved, seconded by Commissioner Hardwick that the Final Plat of Spring Valley Subdivision be APPROVED. MOTION CARRIED. The date of City Council action was stated to be November 20, 1997. REQUEST /STREET OR ALLEY CLOSING: GENERAL: Draft Telecommunications Ordinance City Attorney Bamburg explained that the Council has reviewed the Ordinance once and that the highlights of interest for the Planning Commission should center around the fact that the existing towers will be allowed to be used at the height that they are at present as long as they are kept in good repair and stay in use in that manner. He said that any new construction for towers, as long as 1 it meets all code requirements and limitations that are set forth in the ordinance will be approved by permit through the office of the City Engineer. He added that if said requirements are not met, the petitioner will have to come before the Planning Commission to be approved. He said that the ordinance provides for a maximum height of 100 ft. for a single structure tower or twenty ft. above any existing structure or building. He related that the ordinance encourages co-location, requires location of towers in certain zones, C-3, C-4, M-1, and M-2 and all public facilities and buildings, and prohibits the same in other zones and within a given range of residential property. He said that all the signs must be lit according to FAA regulations and will have to be fenced in order to provide security for both the tower as well as the adjoining structure. He said that information for the ordinance was gleaned from the Alltell and Sprint representatives. By general consensus the Planning Commission accepted Ordinance 1088 (#16-97) as presented. ANNOUNCEMENTS: City Attorney Bamburg stated that he would mail a copy of an ordinance dealing with fencing, which the Council has in committee at this time, for the perusal of the Planning Commission. ADJOURNMENT: Commissioner Corroum moved, seconded by Commissioner Walker that the meeting adjourn at approximately 7:15 p.m. Respectfully, ~~~n~ Planning Commission Secretary CITY CLERK-TREASURER 2 ·I JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. PUBLIC HEARING(S): 7:00P.M. 7:00P.M. DECEMBER 8, 1997 4. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting November 10, 1997 5. RQUEST TO APPROVE PLAT(S): 6. REQUEST/STREET OR ALLEY CLOSING: 7. GENERAL: ADJOURNMENT FINAL PLAT: Lots 7 & 8 Scenic Bluff Subdivision (map included in packet) a. REQUEST FOR ANNEXATION: Site known as "Watkins Property" (maps included in packet) b. UPDATE: Metroplan ref: County Zoning c. DISCUSSION: Fencing Ordinance (included in packet) r OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. -8:40 P.M. Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Art Brannen, Mark Perry, and John Hardwick answered ROLL CALL. Commissioner Gray answered ROLL CALL and declared a quorum. PRESENT SEVEN (7), ABSENT (1) . (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Marci Wilson, Aldermen Keaton and Kenny Elliott, petitioners, and a member of the press. PUBLIC HEARINGS: 7:00 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Perry to approve the minutes of the Regular Planning Commission Meeting of November 10, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLAT: FINAL PLAT LOTS 7 & 8 SCENIC BLUFF SUBDIVISION City Engineer Reel related that the Highway Department took some of the west side of the lots when they widened Highway 107 which he said is reflected in the Final Plat before the Commission. He said that Lot 7 is zoned R-3 and Lot 8 is zoned C-3. He said that a two inch water line serves lots one through six but that a larger line would be needed for the multi-family housing or a commercial development. He pointed out that in February or March of 1997 the Water Department met with Mr. Rice with the final agreeme n t that an eight inch water line would be installed in the subdi v i s i on. He agreed to paying the equivalent of a 6 inch water line with a fire hydrant at the end of the line. The Water Department agreed to pay the difference between a six i nch and an eight inch line which they preferred. He said that minutes in hand verify the conversation. He related that by the time a building permit is requested, the Water Department will have signed their contract with Mr. Rice to start construction of an adequate water line to service the subdivision. 1 !3/ CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. -8:40 P.M. Mr. Reel voiced that there are no sidewalk improvements are not required in the subdivision due to the fact that there are no curbs or sidewalks in that area. He related that Mr. Rice is negotiating with Green Valley Sewer Improvement District to have them receive his sewage and bill him for treatment of the same. The agreement is that he will install a pump station that will pump across Bayou Meto up into the Gravel Ridge Sewer Improvement District. Mr. Reel related that a 60 unit complex is being considered for Lot 7. After a short discussion during which the time element with reference to a Preliminary Plat approved by the Planning Commission in 1984 which made no reference to Lots 7 & 8, signing of contracts regarding sewer and water for those lots, issuing of building permits, zoning, etc. It was pointed out that after a year, a Preliminary Plat should be brought before the Planning Commission for their perusal. Chairman Gray related that based on the discussion, he felt the body desires to consider the plat before them as a Preliminary with finalization at the meeting in January. Commissioner Brannen moved, seconded by Commissioner Reid that the plat before the Planning Commission be tabled with the presentation of a Preliminary Plat presented at the January meeting. MOTION CARRIED. REQUEST /STREET OR ALLEY CLOSING: GENERAL: a. REQUEST FOR ANNEXATION: "WATKINS PROPERTY" City Engineer Reel explained that the property is an island that was never incorporated into the City limits. He said that if approved by the Planning Commission, the request for annexation should be passed to the City Council, with a request from the Council to the County Judge, a public hearing will be scheduled, advertised and held by the County Planning Board to hear any objections to the request. If released for annexation, the matter will come back to the City Council for action, upon preparation by the City Attorney of an Ordinance containing the legally described parcel to be annexed. He said that the process will take approximately sixty days. He related that Brushy Island Landfill is the requesting party and that DPC&E and FEMA will be perusing the drainage aspects of the landfill incorporation. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P .M. -8:40 P.M. Mr. Reel said that future changes in zoning may come before the Commission. City Attorney Bamburg pointed out that zoning changes could be handled at the time the Annexation Ordinance is prepared. Commissioner Gray noted that all the property lays west of the railroad track with adjoining property zoned M-1. City Engineer related that the only access to the property is thru Brushy Island Land . Commissioner Corroummoved, seconded by Commissioner Perry that the request for annexation of the 11 Watkins Property" be recommended to the City Council for approval and, if released by the County, that any change in zoning similar to that of Brushy Island Landfill (M- 1) be addressed in Ordinance preparation. MOTION CARRIED. City Engineer Reel asked about contacting the owners of two other properties, in unaccessible areas , and the possibility of including them in the annexation process. The general consensus of the Commission was to expand the annexation and that the o wners be contacted and made knowledgeable of the process which could include their property if they so desire. Commissioner Hardwick moved, seconded by Commissioner Walker to approach the landowners of two islands in addition to the Watkins Property regarding inclusion in the annexation process pending with reference to the Watkins Property. MOTION CARRIED. It was requested of City Engineer Reel that he contact the owners of the two parcels to which he agreed. b. UPDATE; METROPLAN ref: County Zoning Chairman Gray related that past dis cussions of the Planning Commission and a meeting with the County Planning Board r egarding obligations of cities wi th military facilities relevant t o zoning it has been determined that the Jacksonville Planning Commission will be the body charged with zoning in this area of Pulaski County. He said that based on the information discussed in the news media, it becomes even more important that the issues be addressed that affect Little Rock Air Force Base and the surrounding area. Mr. Richard Magee was recognized by Chairman Bart Gray Jr., 3 !33 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. -8:40 P.M. Mr. Magee presented written data (on file in the office of the City Clerk), AICUZ Performance Overlay which shows a five mile radius, an unincorporated area, extending from the p resent city limits, to which he related as he made his presentation. He said that subdivision regulations, Jacksonville Municipal Code Chapter 17, as well as zoning regulations, Jacksonville Municipal Code Chapter 18, will be affected, pointing out language to be used in amending present ordinances governing the same. He related that there is an unfunded mandate enacted by State Law requiring the City of Jacksonville to take c are of establishing the overlay zone district (as shown on t he d a ta bef ore the Planning Commission) . He pointed out that Act 186 i s the "Planning Regulation Law11 and that Act 530 defines AICUZ. Mr. Magee related that a new zone is not being created , that in the unincorporated area a zoning overlay district is being created adding that it would be the responsibility of the City to monitor the area and see that AICUZ Study Performance Guidelines are adhered to. He voiced t hat everything corning i nto the zoning district would be a conditional use and should be compatable with AICUZ. City Attorney Bamburg voiced that whatever the City applies to the unincorporated area should be applied a s a whole and not to individual parcels . He said that he had c oncerns with changes suggested in zoning as presented in AICUZ. Commissioner Elliott pointed out that the City does not have a Land Use Map for the unincorporated area questioning zoning rights. Mr. Magee related that the AICUZ Study allows many uses for the property, that restrictions for the overlay district relate to performance. Commissioner Gray voiced that the issuing of building permits may complicate the performance of the overlay zone. He pointed out that the City of Jacksonville, Sherwood and Cabot will no doubt have to work together in the zoning process as he pointed out areas where contact is made between the different entities. It was suggested that data be shared with the LRAFB as well as the above mentioned cities and it was requested that Metroplan contact the neighboring cities, requesting their attendance at a meeting of 4 the neighboring cities, requesting their attendance at a meeting of CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. -8:40 P.M. all interested parties, as well as an invitation to them to become a part of the process of creating the overlay district. c. DISCUSSION: Fencing Ordinance Chairman Gray introduced Council Member Phil Keaton who is the chairperson of the Fencing Committee. He related that input from the Planning Commission is desired as efforts are made to finalize the ordinance. A discussion followed regarding maintenance of fences in relation to enforcement of the ordinance. City Attorney Bamburg said the enclosures are primarily created for safety purposes noting that building code requirements will need to be addressed through the Inspection Department. He said that he will encourage that the Code Enforcement Officers look at the safety aspect more than aesthetics which need to be a concern, but a secondary one to the safety concept and in compliance with the Southern Building Code. It was suggested by Commissioner Brannen that the ordinance include that; fencing which does not meet code requirements be referred to the Board of Adjustment for appeals. City Attorney Bamburg related that a six months time frame for construction will be included in the ordinance. He said that definitions were Enforcement Officers to know catagory. created primarily for the Code which businesses fit in which Commissioner Brannen moved, seconded by Commissioner Perry that the "Fencing Committee consider the following recommendations regarding the "Fencing Ordinance"; (1) expand further on the concept of "good repair", (2) look at additional specs regarding the construction of the enclosure and the materials to be used, and (3) designate the Board of Adjustment as the appeal body for those who do not receive satisfaction from the Code Enforcement Office. MOTION CARRIED. Alderman Keaton related that at 6:00 p.m., before the regular meeting of the City Council January 15, 1998, the committee working on the "Fencing Ordinance" will meet and encouraged the Planning Commission to attend for further input. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. -8:40 P.M. There was discussion regarding the duties of the Code Enforcement Officers. Appreciation was expressed to Alderman Keaton by Chairman Gray. ANNOUNCEMENTS: ADJOURNMENT: Chair.man Gray adjourned the meeting at approximately 8:40 p.m. Respectfully, .~'&~J'I~ LUaM . (~ins Planning Commission Secretary CITY CLERK-TREASURER * City Clerk Lula M. Leonard was married on December 12, 1997 to Henry F. Hawkins. Exhibit "A" WATKINS PROPERTY LEGAL DESCRIPTION AS FOLLOWS: Part of the Southeast 1/4 of the Southeast 1/4 of Section 35 and part of the Southwest 1/4 of the Southwest 1/4 of Section 36, ,Township 3 North, Range 11 West, and part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 2 North, Range 11 West all lying Northwest of the Union Pacific Railroad in Pulaski County, Arkansas being more particularly described as follows; Beginning at the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 35; thence South 89 degrees 26' 08" East along the North line of said Southeast 1/4 of the Southeast 1/4 a distance of 1326.55 feet to the Northeast corner of said Southeast 1/4 of the Southeast 1/4; thence continuing South 89 degrees 26' 08" East along the North line of said Southwest 1/4 of the Southwest 1/4 a distance of 1216.13 feet to a point on the Westerly right-of-way line of Union Pacific Railroad (100' R/W); thence along said Westerly right-of-way line on a curve to the left having a radius of 15,137.73 feet, an arc length of 510.26 feet and a chord which bears South 46 degrees 29' 42" West 510.24 feet; thence South 45 degrees 57' 01" West along said Westerly right-of- way line 3057.25 feet to a point on the West line of said Northeast 1/4 of the Northeast 1/4; thence North 00 degrees 34' 11" East along said West line 1240.48 feet to the Northwest corner of said Northeast 1/4 of the Northeast 1/4; thence continuing North 00 degrees 34' 11" East along the West line of said Southeast 1/4 of the Southeast 1/4 a distance of 1261.60 feet to the Point of beginning containing 72.839 acres more or less. 6