1996JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. REQUEST TO SET UP
PUBLIC HEARINGS:
5. REQUEST TO APPROVE
BUILDING PERMITS:
6. REQUEST TO APPROVE
PLATS:
7. PUBLIC HEARINGS:
ADJOURNMENT
#1 Industrial Drive
7:00P.M.
JANUARY 8, 1996
Regular Planning Commission
Meeting December 11, 1995
Hampton Inn
John Harden Drive
Request to Rezone property
located from T.P. White Drive
to 1000 Madden Road from C-1
to C-2.
(Petitioners: Buford Latta)
I ,~ ..
l -',!
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 1996
7:00 P.M. -7:40 P.M.
Chairman Brannen opened the meeting and expressed appreciation for
those in attendance welcoming Mr. John Hardwick and Mr. Mark Perry
newly appointed to the Commission and those reappointed to their
positions, Commissioners Reid and Foster.
ROLL CALL:
Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Kenny
Elliott, Bart Gray Jr., Mark Perry, John Hardwick, and Jack Patton
answered ROLL CALL. Chair,man Art Brannen also answered ROLL CALL
and declared a quorum. PRESENT nine (9), ABSENT (0).
Others present for the meeting were City Attorney Robert E.
Bamburg, City Engineer Duane Reel, Marci Wilson, and petitioners.
DEVIATION IN AGENDA: ELECTION OF OFFICERS FOR THE YEAR 1996.
Commissioner Brannen declared nominations open for Chairman of the
Jacksonville Planning Commission.
Commissioner Elliott nominated, seconded by Commissioner Dornblaser
that Bart Gray Jr. fill the position of Chair,man of the Commission
during the year 1996. Motion/nomination carried with all voting
AYE.
At this time, Commissioner Brannen expressed appreciation for the
opportunity to serve as Chairman during the year 1995. He related
that he felt the Commission had worked very hard and that a
tremendous year was shared by all.
Commissioner Gray accepted the position of Chairman of the
Jacksonville Planning Commission for the year 1996. He expressed
appreciation for the appointment adding that he will try to serve
in an unbiased way to make sure that the rights of petitioner and
Commission alike are carried out properly.
He declared nominations for Vice Chairman and Chairman of the Board
of Adjustment open.
Commissioner Dornblaser nominated, seconded by Commissioner Elliott
that Commissioner Art Brannen serve as Vice Chair,man of the
Planning Commission and Chair,man of the Board of Adjustment.
Motion/nomination carried with all voting AYE.
At this time Chairman Gray asked for volunteers to serve on the
Board of Adjustment for the year 1996. Commissioners Rudy Reid and
Jack Patton agreed to accept the two positions filled annually by
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 1996
7:00 P.M. -7:40 P.M.
members of the Planning Commission on the Board of Adjustment.
Each commissioner served on the Board during the year 1995.
By acclamation the Planning Commission approved the volunteers as
Commissioners to the Board of Adjustment.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Elliott moved, seconded by Commissioner Brannen that
the minutes of the December 11, 1995 Regular Planning Commission
Meeting be APPROVED as presented with January 8, 1996 being
substituted as the date of the public hearing on page 1. MOTION
CARRIED.
REQUEST TO SET UP PUBLIC HEARINGS:
Chairman Gray voiced that due to an error in the advertisement by
the City for the rezoning of a parcel along T.P. White Drive owned
by Mr. Buford Latta, a public hearing would need to be set for
January 29, 1996 at 7:00 p.m. which calls for a Special Meeting of
the Planning Commission. He expressed sincere apology for the
mistake voicing that a hearing would not be legal in that the date
and time of the meeting were omitted in the advertising.
Commissioner Elliott moved, seconded by Commissioner Brannen that
a public hearing be set for January 29, 1996 at 7:00p.m. at City
Hall during a Special Meeting of the Jacksonville Planning
Commission to hear the request of Mr. Buford Latta for the rezoning
of a parcel containing 0.75 acres more or less located on T.P.
White Drive and legally described as "Exhibit A" in the minutes of
the December 11, 1995 Regular Planning Commission Meeting. MOTION
CARRIED.
It was pointed out that the advertising expense will be the
responsibility of the City and that the item will appear on the
agenda of the City Council at the February 1, 1996 Regular Meeting
for action by said body.
REQUEST TO APPROVE BUILDING PERMITS: Hampton Inn
Chairman Gray introduced the item of business.
City Engineer Reel related that there would need to be a waiver
with regard to a sign.
A general discussion ensued during which it was noted that the
tract of ground contains approximately three acres and is located
immediately south of the Kountry Kitchen with (surplus) acreage
spreading out behind the frontage portion on John Harden Drive.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 1996
7:00 P.M. -7:40P.M.
It was pointed out by Chairman Gray that a parcel under five acres
should come before the Planning Commission in a development plan
per code requirement.
Traffic congestion was questioned but City Engineer related that
the property fronts only on John Harden Drive.
He said that some of the property is in the floodway near the
ditch, some is in the flood plain, that the far west portion
adjoins the property proposed for an Air Park Museum, on the north
it adjoins LRAFB property relating to Vandenburg Drive, and on the
south it abuts property owned by Bill Marr and Harold Kohnert
adding that it is sort of land-locked on all sides except the
frontage on John Harden Drive.
He said that there should be no adverse effect on the drainage
ditch, that a small amount of parking will be in the flood plain
and that zoning is C-3.
It was pointed out that the three story proposed structure does not
meet code requirements which set 2 1/2 stories or 35 ft.
Commissioner Elliott pointed out that side yard setbacks are shown
as 13 ft. which, according to code, should be 15 ft. and that the
front setback should be 50 ft. in a C-3 zone.
City Engineer Reel related that if a four hour fire wall
encroachment is desired, 13 ft. versus 15 ft. code requirement, a
hearing before the Board of Adjustment will be required.
Chairman Gray expressed that the meetings with Metroplan have led
him to believe that the Board of Adjustment should address the
items listed above which do not meet Municipal Code requirements.
Commissioner Foster moved, seconded by Commissioner Brannen that
the building permit request of Hampton Inn be tabled at this time
with consideration at a future regularly scheduled meeting of the
Planning Commission, giving the petitioner opportunity to appear
before the Board of Adjustment for the granting of waivers needed,
and that additional information be provided to the Planning
Commission regarding use of the parcel. MOTION CARRIED.
REQUEST TO APPROVE PLATS:
PUBLIC HEARINGS:
3
r
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 1996
7:00 P.M. -7:40 P.M.
Commissioner Gray expressed that he would contact Metroplan with
regard to orientation for the Planning Commission as soon as
possible.
ADJOURNMENT:
At this time Chairman Gray adjourned the meeting at approximately
7:40p.m.
Respectfully,
~)t -~ Lula M. Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
4
\81
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. PUBLIC HEARING:
ADJOURNMENT
SPECIAL MEETING
#1 Municipal Drive
7:00P.M.
JANUARY 29, 1996
Request to Rezone property
located on T. P. White Drive
from C-1 to C-2.
(Petitioners: Buford Latta)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JANUARY 29, 1996
7:00 P.M. -7:30 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Conunissioners: Rudy Reid, Jim Dornb1aser, Mark Perry, and Art
Brannen answered ROLL CALL. Chairman Bart Gray, Jr. also answered
ROLL CALL and declared a quorum. PRESENT Five (5), ABSENT (4).
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, Engineering Receptionist Marci Wilson, Attorney Mike Wilson,
Alderman Emma Knight, and petitioners.
PUBLIC HEARINGS: 7:00 P.M.
REZONING of a parcel containing .75 acres located at 2500 T.P.
White Drive (owned by Mr. Buford Latta and legally described in the
Jacksonville Planning Commission minutes of December 11, 1996)
Chairman Gray opened the public hearing at approximately 7:06 p.m.
and requested input regarding the request for rezoning.
Mr. Mike Wilson, representing Mr. Buford Latta, the petitioner,
declined to offer any comments.
There was no other person present who spoke against the rezoning.
The public hearing was closed at approximately 7:08 p.m. with no
opposition to the rezoning being expressed.
Conunissioner Brannen moved, seconded by Commissioner Dornblaser to
reconunend to the City Council the rezoning of the property, legally
described in the minutes of the December 11, 1996 minutes of the
Regular Planning Conunission Meeting and owned by Mr. Buford Latta
containing .75 acres, from C-1 to C-2. MOTION CARRIED.
NON-AGENDA DISCUSSION:
Commissioner Dornblaser expressed concerns regarding the following
listed items and requested that the Planning Commission discuss
them at future meetings.
(1) Bill of Assurance at the time of Preliminary Plat presentation
(2) Tree removal
1
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JANUARY 29, 1996
7:00 P.M. -7:30 P.M.
(3) Setbacks with regard to street classification
(4) Horses within the City limits
Commissioner Brannen related that efforts 1n annexation are
progressing.
Chairman Gray pointed out that he is trying to coordinate meetings
with Metroplan which will be informative especially to the new
members of the Commission.
ADJOURNMENT:
At this time Chairman Gray adjourned the meeting at approximately
7:40 p.m.
~f~y~
Lu a M. Leonar
Planning Commission Secretary
CITY CLERK-TREASURER
2
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. PRESENTATION:
#1 Municipal Drive
7:00P.M.
FEBRUARY 12, 1996
Service Plaque to be presented
to Mr. Lester Piggee
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
Regular Planning Commission
Meeting January 8, 1996
5. REQUEST TO SET UP
PUBLIC HEARINGS:
6. REQUEST TO APPROVE
BUILDING PERMITS:
7. REQUEST TO APPROVE
PLATS:
8. PUBLIC HEARINGS:
9. DISCUSSION:
ADJOURNMENT
a .
Special Planning Commission
Meeting January 29, 1996
Annual Planning Commission
Activity Report
Request to rezone a parcel located
at 900 Ellis Street from R-2 to R-4
(Petitioner: Harold Parker)
b. Request to rezone Block 3 & 6, Original
Town of Jacksonville from R-2 to R-3
(Petitioner: Harry "Buddy" McMahan)
Hampton Inn by City Engineer
\B5'
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 1996
6:30 P.M. -7:05 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance, adding that the regularly scheduled meeting
time was changed in order to accomodate a special public hearing
being held at the Elderly Activity Center with regard to a proposed
overpass for the City of Jacksonville.
ROLL CALL:
Commissioners: Rudy Reid, Connie Foster, Kenny Elliott, Mark
Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman
Bart Gray, Jr. also answered ROLL CALL and declared a quorum.
Commissioner Brannen arrived at approximately 6:38 p.m.
Commissioner Dornblaser was absent. PRESENT Seven ( 8) , ABSENT ( 1) •
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, and petitioners.
PRESENTATION: Plaque for Mr. Lester Piggee
Chairman Gray expressed appreciation on behalf of the Commissioners
for Mr. Piggee's service on the Planning Commission from 1-1-90 to
1-1-96. Mr. Piggee was presented a plaque honoring his six years
of service to the City of Jacksonville. Chairman Gray explained
that after two consecutive 3 year terms a commissioner must leave
from service for a period of one year, adding that Mr. Piggee's
name plate would be held in hopes of future use when he might be
able to return as a Planning Commissioner.
Mr. Piggee related that he had enjoyed serving on the Commission
and is looking forward to service in the future. He welcomed Mr.
Mark Perry and Mr. John Hardwick as new members of the Planning
Commission.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Brannen, moved seconded by Commissioner Patton to
APPROVE the minutes of the Regular Planning Commission Meeting of
January 8, 1996 and the minutes of the Special Planning Commission
Meeting of January 29, 1996. MOTION CARRIED.
It was noted by Chairman Gray that the Annual Planning Commission
Report would be reviewed and considered at the regularly scheduled
meeting of the Planning Commission on March 11, 1996.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 1996
6:30 P.M. -7:05 P.M.
REQUEST TO SET PUBLIC HEARING(S):
a. Request to rezone property located at 900 Ellis Street.
Chairman Gray introduced the first of two public hearings to be
considered, relating that the property is located at 900 Ellis
Street. He related that the petitioner is requesting that the
property be rezoned from R-2 to R-4.
Mr. Harold Parker owner and petitioner addressed the Commission,
relating that the property located at 900 Ellis Street is flanked
on both sides by property zoned R-4 which accommodates for mobile
home use. He stated that the property had a mobile home which has
now been moved and a newer one placed there.
Commissioner Elliott moved, seconded by Commissioner Brannen to set
a public hearing to be held during the regularly scheduled Planning
Commission meeting on March 11, 1996 with regard to the rezoning
from R-2 to R-4 of the property located at 900 Ellis Street. MOTION
CARRIED.
b. Request to rezone Block 3 & 6, Original Town of Jacksonville.
Chairman Gray introduced the item of business to be considered,
giving a general location of the property and the request for the
parcel to be rezoned from R-2 to R-3. He related that while the
petitioner Mr. Buddy McMahan is not the current owner, he has
letters of request for rezoning on his behalf from the current
owners.
Mr. McMahan related his desire to rezone the property to multi-
family housing in order to accommodate construction of an apartment
complex.
Commissioner Elliott moved, seconded by Commissioner Patton to set
a public hearing to be held during the regularly scheduled Planning
Commission meeting on March 11, 1996 with regard to the rezoning of
property legally described as Block 3 & 6, Original . Town of
Jacksonville. MOTION CARRIED. [1~~~/)~ ~-2 ·-fo ~~~3)
Chairman Gray informed the petitions of their responsibility to
post the property fifteen days before the public hearing in a
highly visible place adding that the office of the City Clerk will
provide petitioners with the necessary signs for posting.
REQUEST TO APPROVE BUILDING PERMITS:
REQUEST TO APPROVE PLATS:
PUBLIC HEARING(S):
2
DISCUSSION: Hampton Inn
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 1996
6:30 P.M. -7:05 P.M.
Commissio~er Elliott moved, seconded by Commissioner Brannen to
bring the item of business off the table and open it for
discussion. MOTION CARRIED.
City Engineer Reel related that representatives from the Hampton
Inn have requested waivers from the Board of Adjustment with regard
to front and side setbacks and the maximum height requirement. He
stated that if the waivers are granted by the Board of Adjustment,
the petitioners desire to move ahead with the building permit
request before the next regularly scheduled Planning Commission
meeting.
In response to a question posed by Commissioner Brannen,
Engineer Reel related that the petitioners would seek a
variance at a later date.
City
sign
Discussion ensued as to the presentation of a sight plan and the
need for a height variance if the construction exceeds the 35'
height requirement.
Commissioner Elliott moved, seconded by Commissioner Hardwick to
approve the issuance of a building permit contingent on compliance
to Jacksonville Municipal Code or Board of Adjustment waivers with
regard to (1) side yard setback, (2) front yard setback, and (3)
height requirement of the Hampton Inn to be constructed on John
Harden Drive. MOTION CARRIED.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 7:05p.m.
Respectfully,
h.L~.a~
Planning Commission Secretary
CITY CLERK-TREASURER
3
JACKSONVILLE PLANNING COMMISSION
AGENDA
#1 Municipal Drive
7:00P.M.
MARCH 11, 1996
1. OPENING REMARKS :
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
Regular Planning Commission
Meeting February 12, 1996
5. REQUEST TO SET
PUBLIC HEARING(S):
6. REQUEST TO APPROVE
BUILDING PERMITS:
7. REQUEST TO APPROVE
PLATS:
8. PUBLIC HEARINGS :
7:00P.M.
9. PRESENTATION:
ADJOURNMENT
a .
Annual Planning Commission
Activity Report
1 0 Acres Generally located
West of Dupree/East of 67-167
Pet itioner: Real Estate Central
Auto Glass and Framing Shop
to be located at 2500 T.P. White
Petitioner: Andy West
REPLAT: Plot 7-F Little Rock
Air Force Base Main Gate Development
Area Sponsor: City Engineer Reel
Request to rezone a parcel located
at 900 Ellis Street from R-2 to R-4
(Petitioner: Harold Parker)
b. Request to rezone Block 3 & 6, Original
Town of Jacksonville from R-2 to R-3
(Petitioner: Harry "Buddy" McMahan)
a. Proposed Planning Commission Role in
Economic Development by Mr. Phil Sullivan
b. PRESENTATION by Metro-Plan regarding
areas of responsibility.
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Jim Dornblaser, Kenny Elliott, Mark Perry, John
Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray,
Jr. also answered ROLL CALL and declared a quorum. Commissioner
Brannen, Reid and Foster were absent. PRESENT Six (6), ABSENT (3).
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, Engineering Secretary Marci Wilson, Metroplan Representative
Mr. Richard Magee and petitioners.
DEVIATION IN AGENDA:
PUBLIC HEARING(S): 7:05 p.m. (1) The rezoning of 900 Ellis from
R-2 to R-4; Petitioner Harold Parker
Chairman Gray opened the public hearing at approximately 7:05 p.m.
Mr. Parker stated that a mobile home had been located on the lot
for approximately 15 years and that adjoining lots are zoned R-4.
There were no comments against the rezoning.
Chairman Gray closed the public hearing at approximately 7:07 p.m.
Commissioner Elliott pointed out that the rezoning would comply
with the land use map of the City and moved, seconded by
Commissioner Dornblaser, to recommend to the City Council the
rezoning of 900 Ellis Street from R-2 to R-4. MOTION CARRIED.
(2) The rezoning of Block 3 & 6, Original Town of Jacksonville
from R-2 to R-3; Petitioner Buddy McMahan
Chairman Gray opened the public hearing at approximately 7:08 p.m.
Mr. McMahan, representing the different owners of the property,
voiced that they desire to rezone the property for the purpose of
building an apartment complex.
There was no opposition voiced from the audience regarding the
rezoning.
Chairman Gray closed the public hearing at approximately 7:10p.m.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Conunissioner Dornblaser moved, seconded by Conunissioner Hardwick to
reconunend to the City Council the rezoning of Block 3 & 6 of the
Original Town of Jacksonville from R-2 to R-3. MOTION CARRIED.
Chairman Gray pointed out that the two rezoning items would be
placed on the 21 March agenda of the City Council.
RESUME AGENDA:
APPROVAL AND/OR CORRECTION OF MINUTES:
Conunissioner Elliott moved, seconded by Conunissioner Hardwick to
APPROVE the minutes of the Regular Planning Conunission Meeting of
February 12, 1996. MOTION CARRIED.
Conunissioner Elliott moved, seconded by Conunissioner Patton, that
the Annual Planning Conunission Report for the year 1995 be APPROVED
as submitted. MOTION CARRIED.
REQUEST TO SET PUBLIC HEARING(S):
(1) A ten acre parcel generally located West of Dupree/East of 67-
167, owned by Byron McKinuney, legally described as follows:
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.
Chairman Gray recognized Mr. McKimmey to address the item of
business.
Mr. McKimmey stated that Mr. Tom Hansen, with North Hills Country
Club, desires to put in a golf driving range, go carts, batting
cages, etc. plus a small sales office on the parcel.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray related that the property is now zoned R-1 and that
the request is for C-2.
There was discussion regarding the C-2 classification requested
with a suggestion made to Mr. McKimmey that a C-4 classification
would be more suitable for the requested use of the property.
Mr. Brooks McRae pointed out the reasoning behind the C-2 request
as related to a conditional use under that zoning classification.
There was some discussion regarding access to the property with
Chairman Gray stating that the same could be brought up at a public
hearing.
Commissioner Elliott voiced that a development plan prior to the
rezoning showing the use of the land would be in order.
Commissioner Dornblaser made reference to the land use map of the
City pointing out the R-1 zoned surrounding area might make
rezoning the parcel under discussion to C-4 difficult.
Commissioner Elliott moved, seconded by Commissioner Dornblaser, to
set a public hearing for 7:00p.m. 8 April 1996 during the Regular
Planning Commission Meeting, as requested, for the rezoning of "All
that portion of the NW 1/4, SE 1/4, of Section 25, T-3-N, R-11-W,
Pulaski County, Arkansas, that lies East of U.S. Highway #67-167,
containing 10.71 acres", owned by Mr. Byron McKimmey, from R-1 to
C-4. MOTION CARRIED.
Chairman Gray informed Mr. McKimmey that the property will need to
be posted on both sides 15 days prior to the public hearing.
2. Requesting Reclassification of property located adjacent to GTE
building on West Main.
Mr. J. C. James related that his client is requesting that the
property be rezoned from M-2 to C-2, adding that the proposed 1300
square foot construction will be used as office space for the Human
Services building.
Commissioner Elliott suggested that it could be considered as a
conditional use request without rezoning the property.
Options, circumstances and zon1ng requirements regarding the
request were discussed.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Mr. J. C. James related that if a conditional use granted by the
Board of Adjustment would allow for an office building in an M-2
zone he would like to proceed with that option with regard to the
time factor.
Chairman Gray informed Mr. James that he would still need to bring
the metes and bounds building permit before the Planning Commission
for consideration during the next regularly scheduled meeting.
It was the general consensus of the Planning Commission that the
item of business be advertised for a public hearing with the Board
of Adjustment on March 27, 1996.
REQUEST TO APPROVE BUILDING PERMITS:
Auto Glass and Framing Shop to/'"be located at ~{T.P. White Drive ~
~_____~.)-' ~ dZ/11)
City Engineer Reel related that this property is the north end of
the Buford Latta property which was recently rezoned C-2. He
stated that the petitioner, Mr. Andy West has requested a 10 ft.
side yard to accommodate his apartment parking.
Mr. West stated that a 5 ft.
accommodate his parking needs
proposed construction.
side yard variance would better
with regard to the 40' by 100'
After further discussion the following motion was made:
Commissioner Elliott moved, seconded by Commissioner Perry that the
building permit request be approved contingent on either a sideyard
waiver being granted from the Board of Adjustment or the proposed
construction be redrawn to meet with required sideyard code of 15
ft. MOTION CARRIED.
REQUEST TO APPROVE PLATS: Replat part of Plot 7 Little Rock Air
Force Base Main Gate Development Area to be known as Plot 7-A.
City Engineer Reel addressed the item of business. He related that
Taco Bell is presently negotiating to buy the property which is
owned by the Dupree Company and is where the South Side Body Shop
is presently located. He related that it can be handled as a staff
matter according to code.
The plat of the property was reviewed by the Planning Commission.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
approve the replat part of Plot 7 Little Rock Air Force Base Main
Gate Development Area as submitted.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray asked that the designation of the letter F be changed
to the letter A, explaining that traditionally the letter F has
been used as a flood designation by the Planning Commission.
Discussion ensued as to the requirements of the County Clerks
Office with regard to recordation of the plot plan.
Chairman Gray related that a transfer of land ownership would also
need to be approved.
At this time the MOTION CARRIED.
Chairman Gray entertained a motion for an understanding of
recordation regarding ownership and land transfer by the Dupree
Company.
Commissioner Dornblaser moved, seconded by Commissioner Elliott to
approve a land transfer of ownership for the purpose of
recordation. MOTION CARRIED.
PRESENTATION:
Proposed Planning Commission role in the Department of Economic
Development by Mr. Phil Sullivan.
Mr. Sullivan referred to his handout which outlined the proposed
role by the Planning Commission as follows:
1. Initiate Traffic Flow Planning for Downtown.
2. With OED, Owners, Define Architectural Theme
for Downtown.
3. With City, Parks, Develop/Implement Design and
Zoning Standards.
4. With Owners, City Create Incentives for
Downtown Development.
5. With City, Implement Policies to Insure Safe
Pedestrian & Vehicle Movement.
6. With City, Develop/Implement Crosswalk
Signalization Policy.
Chairman Gray related to the Downtown efforts and expressed that as
a Planning Commission body they would not back up from their
responsibility in that regard.
Commissioner Dornblaser questioned how the Planning Commission can
contribute, unless an overall traffic development plan is submitted
and reviewed.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Mr. Sullivan responded by saying that he would refer to TIP, the
Transportation Improvement Plan and the Street Plan currently used
which designates major arterials, feeder streets, and looks at the
long range plan. He stated that the development in the Downtown
area .needs to be consistent with those plans, or those plans need
to be consistent with the development. He related that when
business comes before the Planning Commission that one of the
questions for consideration should be "How does this fit the
traffic flow?" He referred mainly to the consistency of the master
street plan with consideration for the possible construction of an
overpass and how that would effect the master street plan as well
as the downtown development.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
pledge support and to carry out responsibilities for the
improvements as suggested. MOTION CARRIED.
Chairman Gray asked that Mr. Sullivan attend the next regularly
scheduled Planning Commission meeting to elaborate on the details
and formulate an action plan.
Metro-Plan "Areas of Responsibility" by Richard Magee
Mr. Magee related that he has discussed some of the changes in
zoning regulations with Chairman Gray. Mr. Magee stated that his
understanding is that conditional use has been modified and being
handled by the Board of Adjustment rather than the Planning
Commission according to Jacksonville Municipal Code.
He said he would like to generally discuss roles for the Board of
Adjustment and Planning Commission. He stated that the Planning
Commission has the authority, under state law and by City Council
approval, to provide recommendations to the Council and hold public
hearings on the creation of regulations regarding zoning. He added
that the Planning Commission is charged with the responsibility to
see that those regulations are enforced.
He said that the Board of Adjustment is created by state law to
hear appeals which are asking for a waiver (sometimes termed a
variance) from the strict requirements of the zoning ordinance.
He stated that his understanding of the Jacksonville zoning
ordinance is that conditional uses are sent to the Board of
Adjustment. He questioned if the role of the Board of Adjustment
at this point was to make a determination regarding a requirement
concerning conditional use or if the Board of Adjustment is
conditioning the use? He asked for clarification regarding
conditional uses and the Board of Adjustment.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Commissioner Dornblaser commented that it began with issues of
revitalization of the downtown areas, explaining that the Planning
Commission did not feel comfortable rezoning those areas because of
the permanency attached and the loss of permitted control once it
is permanently re-zoned. He explained that if a desirable business
leaves then under the same zoning, a less desirable business can
start without needing permission. He stated that conditional uses
were the consideration which would require future businesses to
seek approval from the Planning Commission.
Chairman Gray pointed out that
used for anything falling under
is permitted a conditional
consideration.
if the land is rezoned it can be
that zoning whereas if a building
use it would require future
Discussion ensued regarding special conditions attached to a
conditional use regulated by the Board of Adjustment.
Mr. Magee pointed out that if the zoning ordinance allows for a
conditional use and the Board of Adjustment places further
restrictions on that use then the Board is placing more
restrictions than what the ordinance allows. Adding that it then
becomes a matter of not granting a variance, which is a waiver from
the requirements, but a matter of placing more restrictions on a
conditional use.
Commissioner Patton related that the Board of Adjustment now allows
property to be used for a specific use under conditional uses.
Mr. Magee related that only the Planning Commission is authorized
to determine uses. He said that state law specifically says a
Board of Adjustment cannot variance a use.
As the discussion developed, Mr. Magee explained that conditional
uses are outlined in the zoning ordinance, so the Board of
Adjustment cannot variance those uses because the Planning
Commission has already determined by its permission through the
ordinance that it is a "permitted" conditional use. The Planning
Commission in essence is stating, "Yes, we allow these as
conditional uses". He went on to say that once the Planning
Commission makes that determination they can go on to place certain
restrictions on that use -such as time, etc. At this point the
Board of Adjustment would be the body to address variances from
those restrictions of the zone in which the conditional use is
located, however, the request for a waiver would have to be
something specifically tied to the land and for whatever reason
that the petitioner could not meet that requirement.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Commissioner Dornblaser questioned, "If under the conditional use
it did not meet the proper setback requirements, then the
conditional use is granted by the Planning Commission; but the
Board of Adjustment actually takes care of the variance from the
setbacks?"
Mr. Magee confirmed this and explained that this is because the
zoning ordinance is strictly tied to the parcel itself, adding that
when something goes before the Board of Adjustment petitioners are
asking for waivers from zoning requirements tied to the parcel of
land.
Commissioner Elliott related that the Planning Commission was the
body to previously approve conditional uses, however, they came to
the assumption that conditional uses should go before the Board of
Adjustment.
In response to a question posed by City Attorney Bamburg, Mr. Magee
related that under state law the Board of Adjustment does not have
the authority to grant a variance (a waiver) from a use that is not
permitted by the City's ordinance.
City Attorney Bamburg stated that in the use of "conditional use"
circumstances the ordinance is set up having permitted uses and
conditional uses under each zoning and that when an individual
seeks a rezoning, for example C-2, those uses are labeled under a
permitted use section adding that any conditional uses, as we have
been acting, have to be approved by the Board of Adjustment. The
Board of Adjustment looks down the list of conditional uses under
C-2 zoning and makes a determination if that business or operation
is under one of those classifications; if it is and the Board feels
appropriate they issue the approval and whatever restrictions (if
any) • He asked if Mr. Magee means to say that the Board of
Adjustment is not involved at this point and that the Planning
Commission should make that determination when the property is
rezoned.
Mr. Magee responded, "Yes, and when you just said that the Board of
Adjustment can apply restrictions; that's not true. The Board of
Adjustment can only act on a waiver from the requirements of the
regulations, unless there is something specific to the hardship
issue of that particular parcel and for some reason they cannot
meet the requirements of it."
Mr. Magee asked, "With regard to the conditional uses, what are
they going before the Board of Adjustment for?"
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
City Attorney Bamburg responded, "To obtain permission to use it in
that conditional manner."
Mr. Magee related that the whole purpose of the Board of Adjustment
is to appeal (variance, waiver) from the requirements of the
regulations. Asking what are they appealing or asking a waiver
from?
City Attorney Bamburg responded saying that they would be seeking
a waiver from the permitted uses which are allowed by an overall
rezoning from the Planning Commission.
Mr. Magee related that the Planning Commission has already
determined that those are "permitted conditional uses".
Board of Adjustment Commissioner Mr. Larry Baldwin cited the
following example, explaining that the Board of Adjustment has just
dealt with a case where a petitioner wanted to operate a business
replacing windshields on automobiles and that the conditional use
for that area specifically stated auto repair, so the petitioner
sought a variance through the Board of Adjustment.
Chairman Gray questioned that if the Planning Commission has worked
through zoning classifications and real estate is bought that has
a C-1 classification; they automatically know that anything in the
permitted uses is ok and if they desire a conditional use then they
would come before the Planning Commission and state that they would
like to have a conditional use which is classified under this zone
at which time the Planning Commission would need to handle the item
of business in public forum?
Mr. Magee confirmed, adding that they are not asking for a variance
but a conditional use which is saying that it may have certain
characteristics that require a more strict review of it. He cited
the request from Taco Bell explaining that the Planning Commission
may, under a conditional use, want to take a closer look at it to
determine if it may generate more traffic than a traditional use
within that zone, which would require looking closer at the design
of the driveway access or the amount of square footage to be
allowed.
Discussion ensued as to how the meeting for a conditional use would
be set up. It was related that it would be handled in the same
manner as any public hearing adding that if so required by the
ordinance a fifty dollar advertising fee would be collected and
advertised 15 days before the public hearing would be conducted.
The time factor was discussed and it was acknowledged that if the
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
item of business is received within proper advertising time it
could be scheduled at the next Planning Commission meeting as a
public hearing rather than a request to set the public hearing.
Commissioner Hardwick cited an example where he was approached
regarding a mortgage re-financing for a home located in a C-1 zoned
area. He stated that he was unable to accommodate the customer
because the bank could not be guaranteed that if the home burned
the City would allow that type of re-construction.
Mr. Magee concurred stating that the assumption was correct adding
that the Planning Commission would need to look at the "Land Use
Plan" before making that determination and if it allowed for a
conditional use the body would still need to decide if it would be
temporary or permanent.
Discussion centered around homes in the downtown area with regard
to revitalization, which may not want to consider rehab if they are
commercially zoned.
Commissioner Dornblaser asked that if the Planning Commission is
the proper body to deal with conditional uses, can they consider a
previous agenda item for business tonight?
Mr. Magee stated that after an agenda item has passed it cannot be
picked back up for another decision.
In response to a question posed by Commissioner Elliott, Mr. Magee
clarified that it is not a state law that a conditional use item be
conducted as a public hearing. He stated that it would depend on
how a city's code addresses that issue. He went on to say that
many cities will hold public hearings, without the formal
announcement of a request to set public hearing, if advertising
material is received in time for proper advertising.
Chairman Gray proposed that the commission consider items of
business received within proper advertising time as being set for
public hearing for the next regularly scheduled meeting.
Commissioner Elliott asked for clarification regarding necessity
for a public hearing concerning conditional use.
Commissioner Dornblaser offered that if condi tiona! uses were
approved with a public hearing and then approved by the City
Council he felt a public hearing was not necessary.
10
~0 0 .
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Commissioner Elliott related that the Planning Commission
previously acted on conditional use without a public hearing.
City Engineer Reel pointed out that the Jacksonville Municipal Code
on page 267 determined that conditional uses shall be approved by
the Board of Adjustment and said usages are limited to those usages
designated as possible conditional uses in each zoning
classification.
Chairman Gray related that it was designated as such by the
Planning Commission and not state law.
Mr. Magee related that the only time a conditional use would go
before the Board of Adjustment would be if the petitioner was
asking for relief from the zoning ordinance due to a hardship that
could not be met, which would be considered a variance and not a
conditional use. He stated that the Board of Adjustment does not
have the authority to administer use. He further explained that
the Board of Adjustment authority is strictly zoning issues. He
then related that matters dealing with a conflict between
subdivision regulations and plat zoning would need to be heard by
the Board of Adjustment for their determination before the
subdivision is acted upon by the Planning Commission.
Other discussion centered around verbiage in the Municipal Code
Book and it was questioned whether the Board of Adjustment could
not impose conditions in granting a variance.
Mr. Magee stated that unless it was tied to the parcel i.e. some
reason the Board felt it necessary to impose some requirement for
the petitioner to meet upon the variance being granted.
Conunissioner Dornblaser moved, in that M-2 gives the authority
under conditional uses for a C-2 use, relating to the request by
Mr. J.C. James, that the Planning Conunission grant that conditional
use tonight without a public hearing. The motion did not receive a
second.
Commissioner Elliott requested clarification regarding state law,
9uoting he read "T~e Board shall not permit as a variance any use
1n a zone that ls not permitted under the ordinance". He
questioned that if the Board of Adjustment cannot address the use,
"why is that statement on the law books?"
Mr. Magee pointed out that the law was written to cover cities who
did not by ordinance specifically list their own conditional uses.
It protects cities from a petitioner requesting a variance for a
11
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
land use when it is not specifically granted by ordinance. He
added that currently cities have moved away from the practice of
not listing all their conditional uses. He went on to say that the
quote refers to a situation where petitioners would ask the Board
of Adjustment to grant a variance for a land use which was not
allowed by ordinance under permitted uses or conditional use. He
stated that while the Planning Commission has the authority to have
the Board of Adjustment determine conditional uses, the Board of
Adjustment cannot variance a use; which can become very fuzzy and
cloudy when dealing with a number of people. He reiterated that
the Board of Adjustment is an appeal, as a relief from the
regulations, not to add requirements but as a relief from.
In response to a question posed by City Attorney Bamburg, Mr. Magee
related that a conditional use is not a variance, a variance is a
relief from regulations of the ordinance. He went on to say that
a conditional use is a permitted use with conditions, which means
the Planning Commission may or may not attach any conditions but
requires a closer review. He related that when conditional uses
are designated by the Planning Commission it is saying that they
have determined that due to certain characteristics those uses need
a closer review on a case by case basis; citing that 90% of the
time those uses may be fine but there is the possibility some uses
may have a real impact on that property or the adjacent property
owners thus it is set by ordinance as a conditional use.
Mr. Magee clarified by saying that permitted use requires no review
by the Planning Commission as opposed to conditional use, which can
be denied by the Planning Commission and is not for appeal by the
Board of Adjustment.
Mr. Magee stated that a goal by the city would be to have very
limited conditional uses versus expansive conditional uses. He
said that the Board of Adjustment should not consider the "use" of
land except with regard to whether the petitioner can meet the
regulation requirements such as setbacks, lot-area requirements,
building height, or specifics to that parcel of land.
Discussion revealed that according to the City's ordinance the
Planning Commission cannot rule on the previous item of business
dealing with the requested conditional use in an M-2 zoned area.
However, it was also disclosed that traditionally and generally the
Board of Adjustment is the body to hold authority regarding the
dimensional requirements listed in chart 18.68.050 of the
Jacksonville Municipal Code Book on page 304.
12
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 11, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray remarked that the City ordinance may need to be re-
submitted for compliance with what other cities are doing.
Discussion ensued as to these changes and suggestions were
requested for the next regularly scheduled Planning Commission
meeting.
City Attorney Bamburg requested that before any suggested changes
be made, that he be allowed to research the matter thoroughly to
prevent any back and forth changes in the future. He said he would
furnish material for consideration at the next meeting, adding that
the commission may feel it necessary to schedule a special meeting
to address these changes before submittal to the City Council.
Commissioner Dornblaser requested an update with regard to Planning
Commission authority governing development issues in new
subdivisions such as the size of houses to be built.
Mr. Magee related that it could only be regulated through a minimum
requirement listed in the zoning ordinance.
After some discussion, Chairman Gray clarified that by ordinance
Mr. J .C. James request is a reference item for the Board of
Adjustment.
Discussion ensued regarding advertising time and other
considerations for expenditure of business matters in the future.
Chairman Gray invited the Board of Adjustment members to
participate in the consideration process for ordinance changes.
Chairman Gray thanked Mr. Magee for attending the meeting and
invited him to attend the next regularly scheduled Planning
Commission meeting.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 9:05 p.m.
J::u~~~
a M. Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
13
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. REQUEST TO SET
PUBLIC HEARING(S):
5. REQUEST TO APPROVE
BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S): a.
7. PUBLIC HEARING(S):
7:00P.M.
9. PRESENTATION:
ADJOURNMENT
b.
#1 Municipal Drive
7:00P.M.
APRIL 8, 1996
Regular Planning Commission
Meeting March 11, 1996
Bethel Baptist Church
112 Jeff Davis
Petitioner: Pam Hall
FINAL PLAT: Fair Oaks Subd.
Petitioner: Mr. Jerry Smith
Paradise Industrial Subdivision
Petitioner: Mr. Mac Hogan
1 0 Acres General location
West of Dupree/East of 67-167
Rezone request from R-1 to R-4
Petitioner: Real Estate Central
and Mr. Byron McKimmey
Metro-Plan representative Richard Magee
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art
Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL
CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and
declared a quorum. Commissioner Foster was absent. PRESENT Eight
(8), ABSENT (1).
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, Engineering Secretary Marci Wilson, Parks and Recreation
Commissioner Bob Stroud, Metroplan Representative Mr. Richard
Magee, Economic Director Phil Sullivan and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Brannen moved, seconded by Commissioner Dornblaser to
approve the minutes of the Regular Planning Commission Meeting of
March 11, 1996 with the following correction noted on page seven;
"At this point the Board of Adjustment would be the body to address
variances from those restrictions of the zone in which the
conditional use is located, however, the request for a waiver would
have to be something specifically tied to the land etc." MOTION
CARRIED.
DEVIATION IN AGENDA:
PUBLIC HEARING(S): Rezone 10 Acres located West of Dupree/East of
67-167 from R-1 to C-4.
Chairman Gray opened the public hearing at approximately 7:05p.m.
and stated the request by Real Estate Central.
Mr. Byron McKimmey related that Mr. Tommy Hansen is the proposed
purchaser of the property and that his intention is to use the
property for a golf driving range and the amenities that would go
along with that theme such as sale of golf equipment, go carts,
batting cages, etc., adding that it would not be in conflict with
current area use. He related that the entire 10 acres would be
used for this project.
After entertaining comments from the audience, Parks and Recreation
Commissioner Bob Stroud offered the following comments.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Commissioner Stroud stated that two primary concerns of the Park
and Recreation Commission are safety and aesthetics, adding that
the Commission is conditionally receptive to proposed plans. The
following points were given as part of the recommendation from the
Parks and Recreation Commission:
The property only be rezoned with restrictions to allow any
current or future owners to only have business operations
compatible with recreational activities normally found at
Dupree Park. Any business that can be reasonably seen as
being recreation, sports, fitness or any other type of "family
oriented" leisure related service would be looked upon
favorably.
That access through Dupree Park continue to be denied. The
owner should be required to build at his expense, a new road
not going through Dupree Park. This may include the possible
widening, by one lane, of the entrance into Dupree Park from
Redmond Road. A land swap may be necessary to compensate for
City property used to build the new private access road.
Noise and light levels should be established as not to spoil
the recreational experience at Dupree Park.
The owner build an 8 ft. tall fence separating Dupree Park
from any future business venture. High standards of "fence
maintenance" should be established.
Any facility design and construction be done 1n such a manner
as to minimize tree loss.
Dupree Park utilities should not be degraded in any way.
Preliminary plans be submitted to the Jacksonville Parks &
Recreation Commission for review and comment prior to approval
by the Jacksonville Planning Commission.
Commissioner Stroud related that he would not like to see the
property rezoned and then another business set-up under that zoning
that would not be compatible with the current activity of the area.
He stated that a recreational/sports related activity would be an
asset for the City. He said with regard to concerns, that a
"conditional rezoning" or something of that nature would be
receptive with the Parks and Recreation Commission.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray closed the public hearing at approximately 7:11 p.m.
and invited comments from the Commission.
Commissioner Dornblaser related that the area in question is zoned
R-1 by the Comprehensive Development Plan and that the Planning
Commission is bound by that plan, adding that the Commission cannot
address the rezoning without a public hearing to first address a
change of the Comprehensive Plan.
Chairman Gray stated that according to the Land Use Map adopted by
the City of Jacksonville the area lends itself to residential
zoning.
Commissioner Elliott commented that the Land Use Map needed to be
changed through the process of a public hearing and then
recommended to the City Council for adoption.
Chairman Gray confirmed, adding that a commercial rezoning would be
contrary to the Land Use Plan. He said that a residential rezoning
follows the Land Use Plan, however, a commercial re-zoning would
require a change of the Land Use Plan.
Chai rman Gray responded to a question posed by Mr. McKimmey by
explaining that the Land Use Plan has not been recently changed.
Mr. McKimmey questioned the necessary course of action he needed to
follow.
Dornblaser raises a
Commission from acting
He suggested that Mr.
the Planning Commission
Chairman Gray related that Commissioner
technical point which prevents the Planning
favorably on the rezoning at this time.
McKimmey withdraw his rezoning request and
consider a change of the Land Use Plan.
At this time Mr. McKimmey formally withdrew his request.
Chairman Gray directed Mr. McKimmey to work with the City Attorney
with regard to procedure for his request to rezone.
Further discussion ensued as to changing the Land Use Plan and City
Attorney Bamburg advised Mr. McKimmey to contact him regarding
setting a public hearing.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
REQUEST TO SET PUBLIC HEARING(S):
Chairman Gray noted that there were no requests to set public
hearings. He then questioned if it was concluded from the previous
Planning Commission meeting that "Request to Set Public Hearing ( s) "
be removed from the agenda as a standard item. He stated that it
is considered addressed and will be removed from future agendas.
RESUME AGENDA:
REQUEST TO APPROVE BUILDING PERMITS: Bethel Baptist Church 112
Jeff Davis
Chairman Gray introduced the plans for a new sanctuary building at
the same location as the church.
City Engineer Reel related that capacity for three hundred people
would require seventy five parking places. He pointed out that
there are sixty spaces available on site, adding that they have
obtained letters from adjacent property owners granting them
permission to utilize that adjacent property for overflow parking.
He stated that Bethel Baptist will submit construction plans if
they receive approval to build, adding that the area is zoned R-1
which supports church activity.
In response to a question posed by Commissioner Dornblaser, City
Engineer Reel related that for future permanent parking the church
is planning to purchase an additional lot in the area.
City Engineer related that the proposed rear yard setback of twelve
feet will require a waiver and that the side yards are twelve feet
while the code only requires five for R-1. It was then established
that the area in question is actually zoned C-2 and that the rear
yard setback requirement is fifteen feet and the side yard setback
requirement is twenty feet or ten feet plus a ten foot alley.
City Engineer Reel related that this would require a three foot
waiver on side yard setback and an eight foot waiver on rear yard
setback.
Chairman Gray pointed out that waivers would need to be addressed
by the Board of Adjustment. Discussion ensued regarding moving the
rear yard set back east three feet and the effect this might have
on parking. Effects of moving the front yard setback were then
discussed and City Engineer Reel related that there is a five foot
easement which runs along the south end of the lots.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray pointed out that the Board of Adjustment will also be
the body to address the waiver for required parking spaces.
It was related by Commissioner Elliott that the church owns the
100' X 200' lot directly across the street which might provide
necessary additional parking.
Chairman Gray related that the focus for the Planning Commission
deals with approval of general location subject to required waiver
approval from the Board of Adjustment.
It was clarified that the lot owned by the church is on the corner
of Garland and Jeff Davis.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
approve the building permit for Bethel Baptist Church with the
stipulation that necessary waivers are approved by the Board of
Adjustment or construction meet with zoning requirements. MOTION
CARRIED.
REQUEST TO APPROVE PLATS: FINAL PLAT Fair Oaks Subdivision
City Engineer Reel related that the letter of acceptance has been
received from the Water Department and is forthcoming from the
Wastewater Department. He related that construction of the streets
is completed and that the plat is in accordance with the revised
preliminary plat previously submitted which eliminated one
culdesac. He stated that the street named Christy Lane will need
to be changed due to duplication.
Chairman Gray and the Commission reviewed the Bill of Assurance.
It was pointed out by Chairman Gray in review of paragraph three
that the principal minimum dwelling size for lots 19 thru 35 should
read 1850 square feet and that in paragraph four, line eight, it
should read 25 ft. behind the rear lot line.
Chairman Gray question the drainage plans; City Engineer Reel
related that design function would better accommodate an overflow
if needed. He said that the ditch is actually over designed and
will additionally act as a retention area allowing for excess water
to build-up while holding back flow down stream. He pointed out
the ease of maintenance for the City and disclosed that there are
no safety or liability concerns. It was noted that the lot
setbacks are thirty-five feet.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Chairman Gray questioned the division of some lots into two
parcels.
City Engineer Reel related that the buyer will be deeded both
parcels, however, the construction plot plan only would be of the
lot not located in the flood plain and would thus not require flood
insurance. He related that insurance companies and FEMA require
flood insurance if any part of the lot touches the flood plain. He
said that the building pads are raised above the hundred year flood
plain, adding that this type of development has also occurred in
Woodland Hills.
Chairman Gray question if the Bill of Assurance would need to
include a clause stating the intent of seller to deed both parcels
at the time of purchase, adding his concern for later abandonment
of the parcel located in the flood plain. He explained that the
properties need to be tied together.
City Attorney Bamburg offered the following solutions, stating that
a covenant be placed in the deed regarding affected lots or
included as paragraph in the Bill of Assurance requiring the same.
He related that if included in the Bill of Assurance it is of a
recorded nature, which will satisfy the title and mortgage
companies.
Commissioner Dornblaser expressed concerns regarding the area and
square footage requirements for the new development.
Discussion ensued as to liability issues with regard to FEMA
requirements and City involvement.
Chairman Gray related that the main concern of the Planning
Commission would be to make sure that the lots with an accompanying
F designated lot be indivisible, because the F lots do not meet the
zoning or subdivision requirements and should actually be
indivisible from the primary lot. He stated that the two parcels
need to be "land locked" together.
City Attorney Bamburg related that the Bill of Assurance expires
January 1, 2026 and will be obligated at each transfer to the new
owner.
Discussion ensued as to the base flood elevation of the development
and other development factors with regard to FEMA certifications.
Commissioner Elliott complimented the developer regarding drainage
issues as well as the elevation design of the project.
6
~\D .
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Discussion ensued as to lots 1 and 47 not being allowed access onto
Main Street.
Chairman Gray acknowledged that the Bill of Assurance should
address the issue of tieing the partial F designated lot with its
primary lot and denying drives or accesses from lots 1 and 47 onto
Main Street.
Discussion regarding verbiage used in the Bill of Assurance 1.e.
"trucks" suggesting the many meanings it could carry.
Commissioner Elliott moved to approve the final plat with the
stipulation that the Bill of Assurance directly address lots 1 and
47 as having no access onto Main Street, a paragraph addressing the
joint lots with an F designated partial lot remaining with the
primary lot, and that the subdivision meet with FEMA
certification.
Discussion ensued as to procedure involving the removal of lots out
of the flood plain by FEMA. It was noted that the subdivision
could be approved but not recorded until FEMA released those lots
requiring an F designation or removal from the flood plain.
City Attorney Bamburg clarified that if the lots located in the
flood plain are not removed by FEMA then those lots will have to be
recorded with the F designation.
City Engineer Reel related that the lots have been raised above the
flood plain, adding, however it has not officially been recorded as
such.
Chairman Gray question the feasibility of recording the subdivision
in phases, which would enable the developer to continue and provide
time for FEMA to consider the other lots that need to be removed
from the flood plain.
Discussion ensued as to the time factor involved with FEMA
response.
It was the consensus of the developer and the Commission that with
regard to the time factor and phasing issue, the subdivision would
be approved now and then recorded when FEMA reviews the lots and
removes them from the flood plain. It was noted that none of the
lots could be sold until recorded and that the developers intent is
to have FEMA certification before recordation occurs.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
approve the final plat with the stipulation that the Bill of
Assurance directly address lots 1 and 47 as having no access onto
Main Street, a paragraph to address that any joint lots with an F
designated partial lot remain with the primary lot and that the
subdivision meet with FEMA certification or those lots (primary &
secondary) be recorded with an F designation.
In response to a question posed by the petitioner, Chairman Gray
and Commissioner Elliott clarified that lots 36, 37 thru 47 (any
primary and secondary lot) in the subdivision cannot be recorded
without the F designation on the entire lot until it is certified
by FEMA as being out of the flood plain. It was then noted that if
recorded as being in the flood plain; a re-plat or amended plat
would have to be submitted to change that recordation.
AT THIS TIME THE MOTION CARRIED.
b. FINAL PLAT: Paradise Industrial Subdivision
In response to a question posed by Chairman Gray, City Engineer
Reel related that Mr. Hogan subdivided his property and dedicated
an estimated 70 feet on the east side to the Redmond Road right-of-
way. He related that service lines for water and sewer will come
from Redmond Road and that an easement on the south side has been
acquired for access to the property, which is part of a 100 foot
power line right-of-way.
Discussion ensued regarding setbacks and the proposed construction.
It was noted that the property is zoned M-2, which supports his C
Classification request.
Commissioner Dornblaser moved, seconded by Commissioner Reid to
approve the final plat of Paradise Industrial Subdivision as
submitted. MOTION CARRIED.
PRESENTATION: Metro-Plan representative Richard Magee
In response to an opening question from Commissioner Elliott, Mr.
Magee related (regarding the issue of the primary and F designated
secondary lot) that once you divide a lot as such, you need to look
at and be careful of the long term ramifications. He then
questioned how that would be described legally. He stated that
there can be problems with recordation which could make long term
tracking difficult. He stated that if recorded as two separate
lots then a sub-standard lot has been created. He related that
8
.~·\.\
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
even though it is requested by the City in the Bill of Assurance,
only the property owners can enforce it. He related that if the
Planning Commission is denying access from certain lots onto Main
Street it is a good idea to have the plat reflect this, as well as
stated in the Bill of Assurance, so that the City has the right of
enforcement. He questioned the possibility of an owner selling the
back lot at a later date.
and short
He warned
in the short
Mr. Magee stressed the importance of looking at the long
term implications involved with platting and zoning.
that sometimes incremental decisions that work great
term can turn out to be disastrous in the long term.
He suggested talking out the zoning issues in a broader context;
such as the impact it might carry for the whole area instead of
that specific parcel. He offered that this could possibly bring up
questions of access and infrastructure. He stated that a good
question to sometimes ask yourself is "how can we achieve this and
still meet the goals of the City" adding, which might mean amending
the zoning ordinance instead of rezoning. He stated that if
recreational use is only allowed in C-1 and C-2 the Planning
Commission might want to consider changing the zoning requirements
which would allow recreational to fit under agricultural or
possibly in residential zones as a conditional use, adding that the
Planning Commission has the freedom to re-define the zoning
ordinance.
In response to comments made by Commissioner Elliott, Mr. Magee
related that the broader context of having a public hearing offers
the Planning Commission a chance to debate issues regarding the
land use map, adding that petitioners have the right to ask the
City to look at and consider such changes. He related that there
is a number of ways to deal with the issues and still achieve the
broad public policies that are contained in the comprehensive plan.
In response to a comment made by Commissioner Dornblaser, Mr. Magee
agreed that if recreational uses were included in conditional uses
in residential zones, the land use map would not need to be
changed.
Chairman Gray offered that land surrounding and joining City parks
could be addressed with a conditional use for commercial recreation
purposes.
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00P.M. -9:05 P.M.
Comments were made regarding granting a conditional use instead of
rezoning the property, which would effectively protect future use
of the property.
Options regarding changes of the zon1ng ordinance were offered by
several of the commissioners; the general consensus being that
residential zoning could include C-1 activity which allows for
recreational use as a conditional use.
Commissioner Hardwick questioned the R-1 zoned property being
located in the flood plain and its feasibility for development.
Mr. Magee related that development for residential purposes would
require certain standards which would require the development to be
one foot above the flood plain elevation.
Commissioner Dornblaser raised concerns regarding curb cuts onto
main streets, citing a newspaper article regarding problems faced
by the City of Conway during a rapid growth period. He went on to
say that a plan regarding multiple small developments and their
accesses need to be addressed, keeping in mind the five lane
development currently under construction in Jacksonville.
Mr. Magee related that the comprehensive plan is regarded as a
public policy statement and would address those kinds of issues.
He related that changes to the comprehensive plan need to be
reflected on the land use map. He pointed out that the adopted
comprehensive plan for Jacksonville recognized the widening of
First Street and still mantained the policy to leave that property
for residential use. He cited care and capacity of the roadway to
operate in a manner that it would carry not create traffic as the
reason the area remained residential. He related that
Commissioner Dornblaser's point is well taken regarding not making
incremental decisions, which can create problems long term.
Chairman Gray suggested that the Planning Commission take the
opportunity to review the entire comprehensive plan since part of
it will be reviewed for the McKimmey request.
Discussion ensued as to accommodation of the Byron McKimmey request
through a conditional use and the completion of City projects which
would warrant review of the land use map.
10
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
In response to a question posed by Commissioner Dornblaser, Mr.
Magee related that if a petitioner requests a rezoning from
residential to commercial while the land use map and the
comprehensive plan (public policy statement) suggests that the area
be zoned residential; the Planning Commission has the right to deny
the request.
Mr. Magee related that with regard to existing platted areas such
as on North First the Planning Commission needs to look at
balanced zoning requirements (square footage for commercial zones
against its current legally platted status as a lot). He related
that the Planning Commission can deny a rezoning request until
developers acquire more than one lot in order to meet with
commercial minimum lot standards. He stated that this may mean
the developer may have to acquire two lots and have it replatted to
meet with those standards, adding that this would decrease the
number of access points and increase control over ingress and
egress. He related that this is not an easy option for most
cities.
He stated that commercial entities who realize they do not meet
with commercial lot standards will sometimes negotiate with
adjacent property in order to bring the property into conformance
before submitting it to the Planning Commission who can simply deny
the request until the standards are satisfied.
Chairman Gray requested information regarding roles of the Planning
Commission and the Board of Adjustment.
City Attorney Bamburg related that as the ordinance exists, the
Board of Adjustment is the authoritative party. He related that if
the Planning Commission desires to change the status of the
ordinance, a public hearing will need to be held by the Planning
Commission and any recommendations thereof would need to be sent to
the City Council.
It was clarified that the Board of Adjustment would carry the
authority to address those items as listed by Ordinance in the
Jacksonville Municipal Code Book dealing with setback, variances,
and height requirements. It was further discussed that the
Planning Commission would become the authoritative body to address
conditional uses of property.
11
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 8, 1996
7:00 P.M. -9:05 P.M.
Commissioner Dornblaser moved, seconded by Commissioner Brannen to
set a public hearing to modify Ordinance 1048 with regard to
conditional uses as being addressed by the Planning Commission and
dimensional requirements as listed on page 304 in the Jacksonville
Municipal Code Book as being addressed by the Board of Adjustment.
City Attorney Bamburg interjected at this point and asked the
Planning Commission if there were any other issues they would like
to have addressed in the proposal to modify the ordinance? He
pointed out that the master street plan and the designation for
streets is limited and out of date with regard to classification.
He asked if the Commission would rather look at a more
comprehensive scope of other changes at a later date.
The general consensus of the Planning Commission was to host a
public hearing at the next regularly scheduled Planning Commission
meeting and proceed with recommended modifications to Ordinance
1048. Chairman Gray stated that a delay would be a general dis-
service to the petitioners as well as any Commission and Board
having to address the issues.
City Attorney Bamburg related that he would draft some language
information and have it included in the next agenda packet.
At this time the MOTION CARRIED.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 9:05 p.m.
Lula • Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
12
JACKSONVILLE PLANNING COMMISSION
AGENDA
#1 Municipal Drive
7:00P.M.
MAY 13, 1996
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
Regular Planning Commission
Meeting April 8, 1996
4. REQUEST TO APPROVE
BUILDING PERMIT(S):
5. REQUEST TO APPROVE
PLAT(S):
6. PUBLIC HEARING(S):
7:00P.M.
7. GENERAL:
8. INFORMATION ITEM(S):
ADJOURNMENT
a.
Land Use Map Modifications
Appointment of Architectural
Committee/Downtown Jacksonville
JUNE 10TH PUBLIC HEARING(S):
Rezoning of two tracts of land
North of Loop Road and East of
Union Pacific (Woodhaven Homes)
b. Rezoning of Lots 491 and 492
Foxwood Subd. Ph. X from R-0 to
R-5 (Ted Belden)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 13, 1996
7:00 P.M. -8:15 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Connie Foster, Jim Dornb1aser, Kenny
Elliott, Art Brannen, Mark Perry, John Hardwick and Jack Patton
answered ROLL CALL. Chairman Bart Gray, Jr. also answered ROLL
CALL and declared a quorum. PRESENT Nine (9), ABSENT (0).
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, Engineering Secretary Marci Wilson, Parks and Recreation
Commissioner Bob Stroud, Economic Development Director Phil
Sullivan, petitioners and members of the press.
ANNOUNCEMENT:
Chairman Gray announced the resignation of Planning Commissioner
Connie Foster. He acknowledged her dedication and service to the
City of Jacksonville while serving from the Planning Commission and
invited Commissioner Foster's input as a citizen in the future.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Elliott moved, seconded by Commissioner Hardwick to
APPROVE the minutes of the Regular Planning Commission Meeting of
April 8, 1996 with noted corrections. MOTION CARRIED.
PUBLIC HEARING(S): 7:10p.m.
Land Use Modifications
Chairman Gray opened the public hearing and noted that there was no
one present seeking a specific change of the land use map. The
public hearing remained open and the Commissioners were asked for
their comments. Chairman Gray related that one topic for
discussion is the possibility of changing the ordinance with regard
to conditional uses.
In response to a question posed by Commissioner Elliott, City
Attorney Bamburg related that in a meeting after Mr. McKimmey
formally withdrew his rezoning request, he then requested a
recreational "conditional use" or a land use map change which would
accommodate his recreational development.
Commissioners Elliott and Dornblaser related that they were in
favor of granting a conditional use instead of rezoning the
property adjacent to Dupree Park.
1
~\1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 13, 1996
7:00P.M. -8:15 P.M.
Discussion ensued as to a list of specific property uses by the
owner and the permitted uses of a C-2 classification. Caution was
voiced with regard to granting a conditional use.
City Attorney Bamburg clarified that under the current zoning
ordinance a conditional use must be listed under that zon1ng
classification for it to be authorized. He related that the role
for the Planning Commission is to consider what types of
conditional uses will be addressed under the different zoning
classifications and determine a definition of those conditional
uses. He stated that this will provide a guide for the authoritive
body to work from.
Discussion ensued regarding recommendations to the City Council
involving conditional use changes to the zoning ordinance.
Chairman Gray related that Mr. McKimmey's original rezoning request
was R-1 to C-2 with a "conditional use waiver" as provide under
conditional uses of the C-2 classification. After reviewing the
request, he recapped the response from the Parks and Recreation
Commission dated April 8, 1996 and the recommendation from the
Planning Commission to proceed with the advise of the City
Attorney.
Parks and Recreation Commissioner Bob Stroud related that if the
proposed plans regarding a commercial recreational development is
carried through, he and the Parks Commission felt that this would
be an asset for the City of Jacksonville. He then stated that his
personal concern regarding rezoning of the property is that other
activities less conducive to the area would also be allowed. He
related that in a meeting with Mr. McKimmey, issues involving
aesthetics, privacy fence, and a private access were agreed upon.
In response to a question posed from Commissioner Brannen, Mr.
Stroud related that go-carts would not present a problem.
Chairman Gray summarized the plan as accepted by the Parks and
Recreation Commission.
Discussion ensued regarding placement of restrictions
conditional use is granted, and the rezoning impact
consideration to future uses of the property.
if a
with
City Attorney Bamburg advised that restrictions can also be
outlined in the definition of all listed conditional uses.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 13, 1996
7:00 P.M. -8:15 P.M.
Discussion ensued as to the extent of privilege regarding a
conditional use and specific verbiage which would allow commercial
recreational activity as a "conditional use" only to Dupree Park.
Further considerations were discussed regarding restricting a
possible changing progression of allowable operations under a
granted conditional use.
Chairman Gray closed the public hearing at approximately 7:32p.m.
Commissioner Elliott related that stipulations could prevent
unwanted future operations by narrowing the criteria with site
specifics.
Discussion ensued with regard to creation of a conditional use
ordinance allowing commercial recreation adjacent to public parks
containing forty or more acres.
City Attorney Bamburg advised the Commission that a recommendation
could be made to the City Council for a conditional use in any zone
desired.
Commissioner Elliott moved to amend the zoning ordinance to allow
a commercial recreational "conditional use" in an R-1 zoned area
adjacent to Dupree Park with no access to the existing park.
Commissioner Elliott amended the previous motion as follows:
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
allow a commercial recreational "conditional use" in an R-1 zoned
area adjacent to Dupree Park.
Discussion ensued as to the specific definition for a commercial
recreational use so that it could be recommended to the City
Council.
Commissioner Foster pointed out that each individual conditional
use request would be given consideration of merit from the Board of
Adjustment.
Commissioner Elliott related that if you remove the restrictions it
is no longer site specific.
Chairman Gray suggested that similar considerations for other
locations could be worked on later, mentioning the time factor with
regard to this particular item and asking for a voice vote.
AT THIS TIME THE MOTION CARRIED.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 13, 1996
7:00 P.M. -8:15 P.M.
Chairman Gray made reference to the minutes of April 8, 1996,
regarding modifications to Ordinance 1048, conditional uses and the
authoritative body to hear those requests.
Chairman Gray related that a public hearing will be set for the
next regular meeting scheduled June lOth to address those issues.
GENERAL: Appointment of Architectural Downtown Jacksonville
Committee
After a lengthy discussion the general consensus of the
Commission was to accept the responsibility as a whole
forward with downtown Jacksonville revitalization
conducting special meetings when necessary.
ADJOURNMENT:
Planning
and move
efforts,
Chairman Gray adjourned the meeting at approximately 8:15 p.m.
Respectfully,
~L~~r~
Planning Commission Secretary
CITY CLERK-TREASURER
4
JACKSONVILLE PLANNING COMMISSION
AGENDA
#1 Municipal Drive
7:00P.M.
JUNE 10, 1996
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR Regular Planning Commission
CORRECTION OF MINUTES: Meeting May 13, 1996
4. REQUEST TO APPROVE
BUILDING PERMIT(S): 1210 So. Hwy 161
(Petitioner: Ron Barber)
Residence Red Fox Lane
(Petitioner: Dave Kinman)
5. REQUEST TO APPROVE
PLAT(S):
6. PUBLIC HEARING(S):
7:00P.M.
a. Rezoning of two tracts of land
North of Loop Road and East of
Foxwood Subdivision and Union
Pacific from M-1 to R-4
(Woodhaven Homes)
b. Rezoning of Lots 491 and 492
Foxwood Subd. Ph. X from R-0 to
R-5 (Ted Belden)
c. Amendments to the Jacksonville
Municipal Code Book
7. GENERAL: Request from Mr. Jim Green
regarding Stonewall Subd. Ph. VII
8. INFORMATION ITEM(S):
ADJOURNMENT
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Conunissioners: Rudy Reid, Jim Dornb1aser, Kenny Elliott, Mark
Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman
Bart Gray, Jr. also answered ROLL CALL and declared a quorum.
PRESENT Nine (7), ABSENT (2).
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane
Reel, Engineering Secretary Marci Wilson, petitioners and members
of the press.
PUBLIC HEARING(S): 7:10p.m.
Chairman Gray introduced the first request by Woodhaven Homes for
the rezoning of two tracts of land legally described in these
minutes as exhibit (a), generally located North of Loop Road and
East of Foxwood Subdivision and Union Pacific Railroad from M-1 to
R-4.
He noted that the property was posted and advertised as he pointed
out that the land use map indicates M-1 (manufacturing) zoning,
adding that the Planning Commission is not able to follow a
rezoning that does not follow the land use plan for the City. He
stated that there has been an oversight on the part of the City in
giving direction to the petitioner, Mr. Jack Wilson, as to what
procedure should be followed. He related that a request to change
the area requested for rezoning from M-1 to residential on the
land use map is in order. He stated that a public hearing would be
scheduled for public input regarding a change in the land use map
with a recommendation from the Planning Commission to the City
Council for final approval or disapproval. He explained that
rezoning requests for changes in residential zoning or rezoning
would then be submitted, if the area under discussion is changed on
the land use map, from manufacturing (M-1) to residential (R-0).
He was apologetic regarding the error of the City and related that
a public hearing can be scheduled for the next Regular Planning
Commission Meeting with regard to changes in the land use map.
b. REZONING OF Lots 491 and 492, Foxwood Subdivision Ph. X from R-0
to R-5
Chairman Gray read from the Jacksonville Municipal Code Section
18.38.010, purpose for establishment of an R-5 district.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00P.M. -10:30 P.M.
He opened the public hearing at approximately 7:20 p.m.
Mr. Ted Belden, 705 Foxwood Drive, was recognized by Chairman Gray
to address his request.
He said that the rezoning request is an attempt to allow
condominium development at the very end of the golf course known as
17 T box and 16 green. He said that the area was zoned R-4 before
the development of Foxwood Subdivision Phase X, then it changed to
single family status. He related that condominiums have been
requested and that he envisions two units containing two to three
units each.
The following persons voiced opposition to the rezoning request:
Mr. Kevin Perdue, 104 Foxrun Cove, Mr. Christopher Salvucci, 110
Foxrun Cove, Mr. John Fortenberry, 705 Foxboro Drive, Mrs. Carolyn
Dunlap, 919 Foxwood Dr., Mr. John Chambers, 1306 Foxwood Drive, and
Pat Sword, 914 Foxwood Drive. Their areas of concern were ( 1) that
property values would suffer greatly, ( 2) that allowing
condominiums would be unfair to present property owners who bought
their homes without the advantage of information regarding such a
development, (3) that there would be a possibility for an increase
in crime in the area, ( 4) that the possibility of ill repair
exists in this type of housing, (5) that there has not been enough
information provided present home owners in the area with regard to
the type of units proposed.
Mr. Belden related that in platting the subdivision, consideration
for developing an area for condominiums was not given and that
requests have come for the condominiums which would be
approximately seventeen hundred to two thousand square feet at a
cost of approximately $100,000.00 each.
Chairman Gray closed the public hearing at approximately 7:34 p.m.
Commissioner Dornblaser questioned the number of years the property
was zoned R-4 to which Mr. Belden voiced approximately fifteen to
twenty years. He related that he felt the homeowners should be
protected and that the Commission should decline approval of the
request on their behalf.
Commissioner Dornblaser moved, seconded by Commissioner Reid that
the Planning Commission decline approval of the request to rezone
Lots 491 and 492, Foxwood Phase X, from R-0 to R-5. MOTION CARRIED
by a ROLL CALL VOTE with all Commissioners voting AYE.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Chairman Gray explained that the request for rezoning may be
presented by the petitioners to the City Council at the next
Regular City Council Meeting as he related that the Planning
Commission makes recommendations to the governing body with final
approval given by the same.
He expressed appreciation to those in attendance and invited all
who desired to stay for the remainder of the meeting as other
matters of city government were dealt with.
c. Amendments to the Jacksonville Municipal Code Book
Chairman Gray opened the public hearing at approximately 7:40 p.m.
He voiced that changes in the code would enable the Planning
Commission to hear all conditional uses as requested and give the
Board of Adjustment considerations for all setbacks currently
addressed on page 304 of the Jacksonville Municipal Code, variances
from the code in general and all sign variances.
There was no input from those in attendance for or against the
changes as stated above.
The following is a list of all areas given consideration by the
Planning Commission through discussion of the body with reference
to changes in the Jacksonville Municipal Code:
(1) Bill of Assurance I required at the time of Preliminary Plat
presentation
(2) Land Use Map Changes I recommendations from Planning
Commission to City Council with final approval by Ordinance with
changes in zoning, in accordance with the land use map, to come
before the Planning Commission for consideration and recommendation
by Ordinance to the City Council for final approval
Mr. Jack Wilson requested to address the Commission with regard to
the first public hearing request on the agenda concerning to the
rezoning of a parcel north and east of the railroad, and Foxwood
Subdivision, from M-1 to R-4. Chairman Gray voiced time would be
permitted.
(3) Changes regarding hooved animals as addressed on page 93, in
Section 6.08.020 of the Jacksonville Municipal Code I a five acre
pen area with said area changed from 100 feet to a 1, 000 foot
distance from residences or businesses, with possible grandfather
clause consideration
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Mr. Buster Smith, #13 Foxboro Cove, pointed out that such control
of animals might be given consideration in the Bill of Assurance
governing subdivisions.
(4) The inclusion of modular homes under R-1A with possibly 80' X
100' lots I possibly listed under permitted uses
The following are items suggested by City Attorney Bamburg.
( 5) Conditional Uses I review list, update list specifically
listing use under zoning classifications of the code
(6) Land Use Map I public hearing required for any change with
recommendation to City Council for approval or disapproval by
ordinance
(7) Time period limitations with regard to submission of
Preliminary and Final Plats (affecting 17.12.070 and 17.12.120 of
the municipal code) I possibly eliminate time period
(8) Code Enforcement -SBC and State Codes I adopt current rules
and regulations in proposals to City Council for approval
Mr. Jack Wilson voiced that the codes do impact builders and
encouraged adopting the changes with reference to SBC and State
Codes noting health and safety factors involved. He related that
he would like a more standardized code between Jacksonville,
Sherwood, North Little Rock and Little Rock.
Mr. Jim Green encouraged that there be a definite time period
limitation set for plat presentations.
Chairman Gray closed the public hearing at approximately 8:34 p.m.
At this time the Commission passed the following as recommendations
for City Council approval.
Commissioner Hardwick moved, seconded by Commissioner Reid that the
Planning Commission be the body to address conditional uses while
the Board of Adjustment address variance items as listed on page
304 of the Jacksonville Municipal Code Book and sign variances.
MOTION CARRIED.
Commissioner Dornblaser moved, that Section 06.08.020 of the
Jacksonville Municipal Code be changed to reference 1,000 feet from
the nearest residence and total acreage of not less than five
acres. MOTION DIES FOR A LACK OF SECOND.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Commissioner Hardwick moved, seconded by Commissioner Elliott that
"Modular Homes" be included in the R-1A zoning classification
amending the motion to further address "Modular Homes" under
"Conditional Use" in an R-lA zone. ROLL CALL: Commissioners:
Elliott and Hardwick voted AYE. Commissioners: Reid, Dornblaser,
Perry, Patton, Chairman Gray voted NAY. MOTION FAILED.
Discussion ensued regarding conditional uses with City Attorney
Bamburg relating that State law prohibits consideration of a
conditional use unless it is listed as a conditional use under a
specific zoning classification for which the variance is being
requested. He asked that the Commission review the list for
expansion and ordinance recommendation.
It was the general consensus of the Commission to continue hosting
public hearings, which is the present policy, regarding requested
changes in the Land Use Map.
As a discussion ensued regarding a forty-five day time limit with
reference to plat presentation, Mr. Jim Green requested that a time
limit be set.
City Attorney Bamburg suggested that the time limit be eliminated
and that the Planning Commission act in good faith as they have
done in the past and complete its work in a reasonable time frame.
Ref: 17.12.070 and 17.12.120
Commissioner Elliott moved, seconded by Commissioner Dornblaser
that the Planning Commission shall approve conditionally or
disapprove such Preliminary Plat within 75 days from the date of
receipt thereof or the Preliminary Plat shall automatically come
back to the Planning Commission to be addressed for further action.
MOTION CARRIED.
Ref: 17.12.030
Commissioner Elliott moved, seconded by Commissioner Reid that the
Bill of Assurance be submitted at the time a Preliminary Plat is
presented to the Planning Commission. MOTION CARRIED.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
table dealing with a motion to adopt any changes to Southern
Building Codes and State Building Codes, which may conflict with
present codes adhered to by the City of Jacksonville, until the
next regular meeting of the Planning Commission. MOTION CARRIED.
(information to be provided by Code Enforcement Department)
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Elliott moved, seconded by Commissioner Reid to
APPROVE the minutes of the Regular Planning Commission Meeting of
May 13, 1996 with a correction on page two (paragraph four I
reviewing). MOTION CARRIED.
BUILDING PERMITS:
a. Mr. Ron Barber, 1210 So. Hwy 161 I shop construction I general
location South of Marion Street
During a discussion regarding the request to construct a shop
building on a 1.2 acre plot zoned C-3 and legally described by
metes and bounds, it was pointed out that side yard setback is
shown to be eight (8) feet which does not comply with municipal
code requirements.
Commissioner Elliott moved, seconded by Commissioner Patton to
approve the building permit request of Mr. Ron Barber for the
construction of a shop as requested with a side yard setback of 15'
as required by Jacksonville Municipal Code. MOTION CARRIED.
b. Building Permit I Red Fox Lane (petitioner Dave Kinman)
He related that the Boyd family is the actual owner of the property
and introduced Mr. John Kennedy who desires to purchase the
property for construction of a fashionable home. Written
authorization (on file in the office of the City Clerk) was
presented giving Mr. Kennedy permission to speak for Mr. Boyd.
During a discussion regarding the parcel on which the construction
is to take place, it was noted that maintenance of the street will
be the responsibility of the owner in that it is considered a
private drive.
Mr. Kennedy voiced that the Boyd family has no further intention
with regard to developing their property.
Commissioner Dornblaser moved, seconded by Commissioner Reid to
approve the building permit request with the property owner bearing
the maintenance of the private drive to the residence which is
proposed for construction at the west end of Red Fox Lane. MOTION
CARRIED with one nay vote by Commissioner Hardwick.
At this time Chairman Gray recognized Mr. Jack Wilson to address
the Planning Commission with regard to an earlier request for the
rezoning of a parcel North of Loop Road and East of Union Pacific
Railroad.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Mr. Wilson questioned the way rezonings have been handled in the
past as they relate to the land use map.
Chairman Gray explained that the land use map is a recommended plan
for community development.
Commissioner Elliott related that state law requires that cities
provide a land use map in their planning endeavors.
Chairman Gray stated that a good faith effort is being made to give
the rezoning request of Mr. Wilson the best consideration possible.
There was a lengthy discussion regarding the procedure for rezoning
parcels to residential which are indicated commercial on the land
use map.
Mr. Gray apologized again for the error made by the City with
regard to proper procedure to be followed in handling the request
of Mr. Wilson. He said that the City offers at their expense to
amend their error by setting public hearings to properly address
the request.
Mr. Wilson pointed out that the land use map does not properly
specify flood plain areas as he indicated the portion which he
owns. He presented pictures of proposed construction for the
requested R-4 zoning. He explained that lots are not sold with the
houses, which are set on permanent foundations, and that the lots
are maintained by the developer. He noted that the approach to the
area is zoned commercial and was previously an illegal dumping
site.
He asked that the Commission set a public hearing for a change in
the land use map.
It was determined that on July 8, 1996 a public hearing requesting
the rezoning from manufacturing to residential of the parcels owned
by Mr. Wilson can follow the public hearing for changes in the land
use map.
Upon the advice of the City Attorney, Commissioner Dornblaser
moved, seconded by Commissioner Hardwick to set a public hearing
for changes in the Land Use Map and the rezoning of the parcels
owned by Mr. Jack Wilson and described in these minutes as exhibit
(a), with the expense of advertising being that of the City of
Jacksonville. MOTION CARRIED.
7
r
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
GENERAL: A request from Mr. Jim Green regarding Stonewall Subd. Ph.
VII
Mr. Green presented a letter requesting that the Planning
Commission reconsider a decision requiring a fence along Loop Road
or Berkshire Drive.
Chairman Gray related that as reflected in minutes of 12 December
1994 that the recommendation of the City Engineer is that a fence
be constructed with regard to the lots that back up to Loop Road.
Mr. Green explained that his most strenuous objection is that the
action is capricious and arbitrary as he related that his
contention is that an ordinance should be adopted by the City
Council which addresses privacy fences setting forth guidelines
for all developers with regard to their construction.
City Engineer Reel related that the concern of the City was that
the basis used in making the suggestion that there needed to be
"some type" of screening or sound barrier regarding the development
by Mr. Green on Loop Rd. was due to the amount of traffic on Loop
Rd. which will increase with said development.
Mr. Green pointed out that with regard to one entrance into a
subdivision, it should be addressed by ordinance as well as the
matter of privacy fences. He said that he does not feel the action
of the Planning Commission has been fair in dealing with his
request.
It was pointed out by Chairman Gray that there does exist in
Chapter 17.20.090 of the Jacksonville Municipal Code a reference to
screening along rear lot lines.
There was a lengthy discussion during which Mr. Gray pointed out
that Mr. Green is allowed a lot of personal discretion, set forth
by ordinance, as to the type of fencing used in Stonewall Phase VII
development.
Commissioner Dornblaser moved, seconded by Commissioner Reid to
deny the request of Mr. Green to change the requirement of a
privacy fence along Loop Road or Berkshire Drive as shown in the
plat presented as Stonewall Phase VII. MOTION CARRIED with
Commissioner Elliott abstaining from the voting process. MOTION
CARRIED.
Mr. Gray voiced that it is the purpose of the Planning Commission
to bring good, viable development into the City.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Commissioner Elliott pointed out that issue was delayed due to the
fact that Mr. Green withdrew the plat voluntarily in January of
1995 therefore hindering any action by the Planning Commission. He
related that changing the name of the subdivision also hindered the
process.
Chairman Gray presented information regarding the revitalization of
the downtown area along with copies of a zoning ordinance (in book
form) from the City of West Memphis, and a survey response (in book
form) compiled of information received by the Economic Development
Department of the City of Jacksonville.
He presented also a format of meetings which indicate the
participants in several presentations to the Committee as well as
sub-committee assignments.
The next scheduled meeting of the committee is 18 June, 1996 at
7:00 p.m. at City Hall.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 10:30 p.m.
~f~::~
Planning Commission Secretary
CITY CLERK-TREASURER
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
EXHIBIT (a) 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 (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' 00" 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" E, 239.48 feet to the point of beginning; thence continuing
along said right-of-way line, N 49 degrees 24' 00" E, 570.00 feet;
thence continuing along said right-of-way line along a curve to the
left ( = 18 degrees 29' 20", Tangent = 940.69 feet, Radius =
5779.58 feet) a chord bearing and distance of N 40 degrees 09' 20"
E, 1856.94 feet; thence continuing along said right-of-way line, N
30 degrees 54' 40" E, 547.77 feet; thence S 16 degrees 32' 50" E,
525.90 feet; thence S 26 degrees 39' 36" E, 783.59 feet; thence
S 34 degrees 29' 07" E, 884.49 feet; thence S 09 degrees 08' 09"
W, 443.01 feet; thence S 62 degrees 23' 03" W, 440.68 feet; thence
N 70 degrees 59' 00" W, 628.94 feet; thence N 31 degrees 49' 51"
W, 262.69 feet; thence N 66 degrees 00' 05" W, 271.26 feet;
thence S 75 degrees 44' 42" W, 248.17 feet; thence S 64 degrees
48' 56" W, 965.76 feet; thence N 55 degrees 11' 33" 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' 00" 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" E, 239.48 feet; thence S 55 degrees 11' 33" E, 435.48 feet;
thence N 64 degrees 48' 56" E, 671.79 feet to the point of
beginning: thence continuing N 64 degrees 48' 56" E, 293.97 feet;
thence N 75 degrees 44' 42" E, 248.17 feet; thence S 66 degrees
00' 05" E, 271.26 feet; thence S 31 degrees 49' 51" E, 262.69
feet; thence S 70 degrees 59' 00" E, 628.94 feet; thence N 62
degrees 23' 03" E, 440.68 feet; thence N 09 degrees 08' 09" E,
443.01 feet; thence N 34 degrees 29' 07" W, 884.49 feet; thence N
26 degrees 39' 36" W, 783.59 feet; thence N 16 degrees 32' 50" W,
525.90 feet to the easterly right-of-way of the Union Pacific
10
Exhibit (a) continued:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 10, 1996
7:00 P.M. -10:30 P.M.
Railroad~ thence along said right-of-way, N 30 degrees 54' 40" E,
407.17 feet~ thence S 16 degrees 32' 50" E, 774.66 feet~ thence S
26 degrees 39' 36" E, 736.52 feet~ 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.
11
1.
2.
3.
4.
5.
6.
7.
8.
JACKSONVILLE PLANNING COMMISSION
AGENDA
#1 Municipal Drive
7:00P.M.
JULYS, 1996
OPENING REMARKS:
ROLL CALL:
APPROVAL AND/OR Regular Planning Commission
CORRECTION OF MINUTES: Meeting June 10, 1996
REQUEST TO APPROVE
BUILDING PERMIT(S): 1506 North Loop Road
(Petitioner: First Church of the
Nazarene)
REQUEST TO APPROVE
PLAT(S): a. Development of the Ruth Harrod property
(Petitioner: McArthur Assembly of God
Church)
b. Pine Barnes Subdivision Part of Lot 6
Block 2 (Petitioner: Joe Hayden)
c. Replat of Part of Plot 7 LRAFB
Main Gate Development
(Petitioner: Tommy Dupree)
PUBLIC HEARING(S):
7:00P.M.
a. Change of Land Use Map
b. Rezoning of two tracts of land
North of Loop Road and East of
Foxwood Subdivision and Union
Pacific from M-1 to R-4
(Woodhaven Homes)
GENERAL:
INFORMATION ITEM(S): Board of Adjustment Informational
Item Ref: Remodeling Objectives
by Fashion Park Cleaners
1101 Burman
ADJOURNMENT
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
Vice Chairman Brannen opened the meeting and expressed appreciation
for those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Kenny Elliott, John Hardwick and Jack
Patton answered ROLL CALL. Vice Chairman Brannen also answered
ROLL CALL and declared a quorum. PRESENT Five (5), ABSENT (3).
Others present for the meeting were Deputy City Clerk Susan L.
Davitt, City Engineer Duane Reel, Engineering Secretary Marci
Wilson, petitioners and members of the press.
PUBLIC HEARING(S): 7:02 p.m.
Vice Chairman Brannen introduced proposed changes to the land use
map.
City Engineer Reel related that when the property was annexed into
the City it carried single family, commercial, mobile home and
manufacturing zoning, adding that as the Foxwood area developed
those areas zoned R-4 were changed to single family residential.
He pointed out that the area on the east side of the Union Pacific
Railroad was brought in as (M-1) light industrial zoning, however,
in looking at the general area it appears that industrial would not
be a conducive use for the land. He then pointed out that Loop
Road is not designed to carry heavy loads of traffic common in
manufacturing operations and expressed safety concerns for the
small area lending itself to a manufacturing use.
His recommendation to the Planning Commission regarding the general
area is that of a residential use.
Mr. Jack Wilson, a local developer, addressed the Planning
Commission and stated that he employed consultant Dwight Patterson
to present a proposal regarding consideration for the area.
Mr. Dwight Patterson related that his proposal addresses the
requested change in the land use map and a rezoning request from
Mr. Jack Wilson. He presented a copy of the proposal to the
Planning Commission members (a copy of this report is on file in
the office of the City Clerk) . Analysis of the existing zoning map
and the flood map along with the proposed zoning recommendation for
the land use map were included in the report. He related that the
proposed development would not alter or interfere with the flood
plan of the area.
1
Discussion ensued
land use change.
Leonard who noted
parcels requested
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
as to the general or specific area advertised for
The advertisement was read by the City Clerk Lu
that it encompassed the general area as well the
for rezoning.
Mr. Patterson suggested that any zoning changes for the surrounding
property would need to be specifically advertised to achieve
maximum public input.
Vice Chairman Brannen entertained comments for the general public
regarding opposition to the change of the land use map.
Mr. Charles Evans questioned if it would be better to change the
area from manufacturing to mobile homes.
Vice Chairman Brannen clarified that
rezoning the property to R-4 is not
hearing but to consider changes in
manufacturing to a residential zoning.
the issue of specifically
the subject of the public
the land use map from a
Mr. Evans related that he understood the request to be for a mobile
home zoning.
Mr. Kevin Perdue of 104 Foxwood Drive expressed that he is not
against a residential development in the area as opposed to a light
industrial zoning. However, he related that he, along with several
other Foxwood homeowners, are concerned about the quality of the
proposed development.
Mr. John Garnett asked the reasons for changing the area from
industrial to residential and the benefit?
Vice Chairman Brannen related the need for more residential areas
in the City mentioning a tax base increase.
Mr. Garnett questioned if there was a real probability of a
manufacturing operation starting in the area and how the area would
be zoned if the land use map is changed to reflect residential use.
Vice Chairman Brannen asked if there were others to speak. There
being none, the public hearing was closed at approximately 7:24
p.m.
In response to a question posed by Commissioner Hardwick, City
Engineer Reel explained the effects of residential versus
industrial traffic regarding the area and development.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
Commissioner Reid questioned the benefit of having the list of M-1
permitted use read.
Vice Chairman Brannen read from the Jacksonville Municipal Code
Book stating the purpose for establishment of an M-1 district and
its permitted uses as listed on page 299 -300.
Vice Chairman Brannen invited further discussion.
none, the following motion was made.
There being
Commissioner Reid moved, seconded by Commissioner Hardwick to
change the land use map regarding the South 1/2 of Sec. 16, east of
the Union Pacific Railroad and the North 1/2 of Sec. 21, east of
Loop Road from manufacturing to residential. ROLL CALL:
Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted
AYE. (0) voted NAY.
b. Rezoning of two tracts of land north of Loop Road and east of
Foxwood Subdivision and the Union Pacific Railroad to an R-4
zoning.
Vice Chairman Brannen opened the public hearing at approximately
7:40 p.m.
Mr. Dwight Patterson pointed out that there would be a 100 foot
buffer along the east side of the railroad. He stated that the
central portion of the rezoning is the proposed area for
development, adding that the owner would like to see control
exercised regarding the development. He suggested that the Bill of
Assurance could address development controls and future land use
concerns. He related that the lot size would be approximately 80
foot by 100 foot.
Mr. Roland Roy a local real estate agent related concerns regarding
negative connotations associated with this type of development and
possible devaluation of property values in Foxwood. He stated that
there are approximately 73 viable acres available, and suggested
that the area be used to develop quality housing.
Mr. Kevin Purdue stated that he also has concerns for the property
values of the homes located in the Foxwood Subdivision, adding that
he wanted to see the property zoned for single family homes.
Mr. Charles Evans stated that his feeling is that the Planning
Commission has made its mind up prior to the meeting without
consideration from Foxwood residents.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
Mr. Gene Bowman stood in opposition and voiced concerns over a
mobile home development in that area and Foxwood property values.
In response to questions posed by Mr. Charles Siegismund, 1400
Foxwood Drive, it was related that the lot size would be
approximately 80 feet by 100 feet with the average size of housing
unit between 1000 to 1600 square feet. He questioned roads into
the development and stated that he is opposed to paying a tax for
road construction regarding the proposed development.
Mr. John Garnett stated that he did not feel this type of
development to be very beneficial to the tax base, adding that R-1
zoning would be best for the area.
Mr. Larry Burton reiterated the concerns for property values in the
Foxwood Subdivision if the proposed property is rezoned to R-4. He
urged the Planning Commission to ensure growth and longevity for
the community.
Mr. Jack Wilson asked for the opportunity to explain his position
to those in opposition, stating that he developed approximately
twenty lots in Foxwood Subdivision that back up to the railroad and
that he owns the last twenty-five acres to be developed in Foxwood.
He related that he did not understand how the Foxwood residents
could feel that the new development could devastate Foxwood, adding
that the buffer zone on both sides of the railroad tracks total 300
feet with no possible way to get from the proposed development
directly into Foxwood and that the two developments are not visible
to each other. He related that property in the Foxwood Subdivision
previously held an R-4 zoning for many years before being rezoned
to R-1. He pointed out what his investment interests in the
Foxwood Subdivision are. He stated that there is an obligation
from builders and the Planning Commission to all people in
providing housing needs. He related that he does not feel that
this is the type of development that would hurt any city and that
a two thousand square foot house like those in Foxwood are not
affordable by everyone. He stated that an R-1 zoning could
accommodate an 800 square foot house, adding that he did not
understand if the concern was over manufactured housing or size of
the homes.
Mr. John Garnett voiced concerns regarding Foxwood property
investments.
Mr. Gene Bowman stated that he did not feel that smaller homes
built in Foxwood affected his property value.
4
;J3B
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
Vice Chairman Brannen closed the public hearing at approximately
8:15 p.m. and opened discussion to the Planning Commissioners.
Mr. Wilson explained, in response to a question posed by
Commissioner Elliott, that a modular home is very much like a stick
built house which is brought to the site in cubicals or panels then
assembled while a manufactured home is pre-built in complete
modules more similar to a double-wide type trailer construction.
He related that the proposal includes both types of housing in the
proposed subdivision.
Commissioner Elliott related that the Jacksonville Municipal Code
addresses a modular home as a "manufactured home" which is brought
in pre-constructed, adding that what Mr. Wilson addresses as a
modular home is more like a panelized home by definition. He
related that he did not feel comfortable with the developer
granting the Planning Commission control over the Bill of
Assurance, pointing out previous difficulties experienced by the
Planning Commission regarding issues dealing with Bills of
Assurance. He related concerns over the R-4 zoning being granted
for this type of development.
Mr. Wilson agreed that the R-4 zoning may need to be looked at and
changed offering protection from future abuse. He stated that if
a subdivision is opened for modular construction it does not need
to include approval ·for trailer park operation, adding that under
current codes the Bill of Assurance was offered as a protection
device.
Commissioner Hardwick agreed that it is unfortunate that R-4
encompasses the varied types of development, adding that different
types of housing need to be addressed by code.
Commissioner Elliott pointed out that guidelines and definitions
would need to be addressed. He stated that when the Planning
Commission looks at a rezoning request it must also consider future
development, should the property be sold and that under those
conditions the Bill of Assurance could be rewritten. He stated
that as presented, the Commissions lacks the benefit of reviewing
any development plan or a Bill of Assurance for the property.
Mr. Wilson responded by saying that, regardless of the outcome of
his rezoning request, this has brought up other issues that need to
be addressed. Offering that the Commission consider ( 1) a PUD
ordinance which would provide control for the Planning Commission
5
r··--
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
regarding certain elements of a subdivision development, adding
that the zoning itself is too broad to gain proper mix and control,
(2) looking at the varied housing covered by the R-4 zoning, and
(3) alteration of a Bill of Assurance would need Planning
Commission approval.
Commission Reid expressed reservations ln approving an R-4 zoning
at this time.
Discussion ensued regarding the number of manufactured housing
subdivisions in the City and the need for the Bill of Assurance to
protect the proper aspect of this type development.
Commissioner Elliott cautioned that under present codes a rezoning
would leave the property vulnerable to future development.
Commissioner Reid moved, seconded by Commissioner Hardwick to deny
the request for rezoning. ROLL CALL: Commissioners Reid, Elliott,
Brannen, Hardwick and Patton voted AYE. (O) voted NAY.
BUILDING PERMITS: 1506 North Loop Road
Mr. Tommy Bond related that the First Church of the Nazarene
desires to build a parsonage on the church property.
City Engineer Reel related that the request meets all setback
requirements, adding that there is enough acreage to support the
parsonage. He related that the Water and Wastewater Departments
were contacted by fax without negative comment returned.
Commissioner Patton moved, seconded by Commissioner Reid that the
building permit at 1506 North Loop Road be approved. ROLL CALL:
Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted
AYE. (O) voted NAY.
REQUEST TO APPROVE PLATS:
property.
a. Development of the Ruth Harrod
Pastor Larry Burton of the McArthur Assembly of God Church related
that the three lot survey reflects a one lot subdivision with a
house and one acre of land, lot two has 18 acres for a proposed
church and lot three is being considered for future sale and a
possible future rezoning.
Commissioner Elliott clarified that the request for rezoning would
need to be properly advertised and posted before the Planning
Commission could make a determination, adding that the land use map
reflects the area as residential.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
It was suggested that Pastor Burton meet with City Engineer Reel
with regard to recommendations concerning development plans for
lots two and three.
After a brief discussion, it was suggested that the survey be
regarded as a final plat for lot one, while lots two and three be
regarded as a sketch plat with final plat to follow.
Pastor Burton related that preliminary construction efforts have
begun with regard to the construction of the church on lot two,
adding that Mr. Tommy Bond will be working on the project.
Discussion ensued regarding rights of way and location of utility
lines. It was noted that the house was constructed before setbacks
regarding residential property was established and that any new
construction would have to adhere to current setback requirements.
The request was amended by the petitioner that the survey reflect
lot one as a final plat and lots two and three as a sketch plat.
Commissioner Elliott moved, seconded by Commissioner Hardwick to
approve the Final Plat of Lot one as Quince Hill Subdivision
providing a Final Plat is prepared and approved by City Engineer
Reel and approve the sketch plat of Lots two and three Quince Hill
Subdivision with recommendations from the City Engineer. ROLL
CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton
voted AYE. (0) voted NAY.
b. Price Barnes Subdivision Part of Lot 6 Block 2.
Mr. Joe Hayden related that he is the owner of a lot located at the
corner of Green Acres and Madden Road and wishes to have it
recorded as a one lot subdivision, where he plans to construct a
home.
City Engineer Reel related that plans were forwarded to the Water
and Wastewater Departments.
Commissioner Hardwick moved, seconded by Commissioner Patton that
the Final Plat for the one lot subdivision presently known as the
Price Barnes Subdivision be approved as submit ted. ROLL CALL:
Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted
AYE. (0) voted NAY.
c. Replat of Part of Plot 7 LRAFB Main Gate Development
Mr. Tommy Bond represented the item of business for petitioner Mr.
Tommy Dupree. He stated that the plat complies with the
subdividing request of the Planning Commission.
7
,----.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
It was related that most of the land in the area has been platted
and sold. He related that Tract A will be for ingress and egress
as opposed to making it an easement because of the location of a
sign by Taco Bell. He related that both property owners will carry
an interest in tract A.
City Engineer Reel related that the Water Department responded to
the request and pointed out that a six inch water line is located
at the back of the property, adding that Century 21 is constructing
another water line in order to provide the area with fire
protection. He stated that there will be plenty of water and that
sewer is available.
Mr. Bond related that the Highway Department will allow two
driveways which is the reason for the configuration of the lots,
adding that tract A comes out onto one of the driveways.
Commissioner Elliott moved, seconded by Commissioner Reid to
approve the re-plat of Part of Plot 7 LRAFB Main Gate Development.
ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and
Patton voted AYE. (O) voted NAY.
GENERAL: Board of Adjustment informational item Ref: Remodeling
Objectives by Fashion Park Cleaners.
City Engineer Reel related that the new owner of Fashion Park
Cleaners is proposing to divide the building, lease the west half
and construct a drive-thru facility on the east end. He related
that Fashion Park has worked out an easement arrangement with the
adjacent property owner for the drive-thru facility and egress
which will be located at the southern end of the property leading
out onto Jeff Davis.
Mr. Brooksher Banks, owner of Fashion Park Cleaners, related that
the easement for the exit will be one lane onto Jeff Davis,
pointing out a letter from the adjacent property owner which grants
an easement for that purpose.
GENERAL DISCUSSION:
Mr. Jack Wilson asked for clarification regarding the status of
land which was voted for recommended residential change by the
Planning Commission.
In general discussion it was related that the recommended land use
map change will have to be approved by the City Council, however,
absent from a legal opinion it was undetermined the exact zoning it
would carry.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 8, 1996
7:00 P.M. -9:30 P.M.
Commissioner Elliott related that while the land use map may
recommend i.e. Commercial and is actually zoned Residential then
only a commercial rezoning request could be considered without
changing the land use map.
In response to a question from Mr. Wilson regarding the R-4 zoning,
Commissioner Elliott related that he has been in contact with the
Manufactured Housing Association and will ask the Commission to
look at clarifying what the R-4 zoning addresses. He referred Mr.
Wilson to City Attorney Robert Bamburg regarding the time factor
involved with bringing the item back before the Commission if a
change is made in the R-4 zoning classification.
Mr. Wilson related that he is trying to formulate a use for the
property and questioned if the size of home is dominated by the
general area or by the needs of the City.
Commissioner Elliott related that the zoning classification will
determine those factors as outlined by code.
Discussion ensued regarding architectural controls being dictated
by the Bill of Assurance.
General consensus of the Planning Commission was to recommend a
review of new guidelines regarding different housing, the R-4
zoning and PUD ordinances at the next meeting.
ADJOURNMENT:
Vice Chair.man Brannen adjourned the meeting at approximately 9:30
p.m.
Respectfully,
~.Vtc.~
Lu r a M. Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
1~\k\j~
Susan L. Davitt
DEPUTY CITY CLERK
9
JACKSONVILLE PLANNING COMMISSION
AGENDA
#1 Municipal Drive
7:00P.M.
AUGUST 12, 1996
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
Regular Planning Commission
Meeting July 8, 1996
4. REQUEST TO APPROVE
BUILDING PERMIT(S):
5. REQUEST TO APPROVE
PLAT(S):
6. PUBLIC HEARING(S):
7. GENERAL:
8. INFORMATION ITEM(S):
ADJOURNMENT
a.
FINAL PLAT: Walnut Pointe
Northlake Subdivision Ph. VI
(Plat and Bill of Assurance
included in packet)
(Petitioner: Dupree Company)
CONDITIONAL USE:
General Location: Property
adjacent to Dupree Park
(Petitioner: Byron McKimmey)
b. DISCUSSION: of zoning guidelines
with Arkansas Manufactured
Association
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 12, 1996
7:00P.M. -8:08P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Conunissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art
Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL
CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared
a quorum. PRESENT eight (8), ABSENT (0). (One position is vacant.)
Others present for the meeting were Deputy City Clerk Susan L.
Davitt, City Engineer Duane Reel, Engineering Secretary Marci
Wilson, Parks and Recreation Commissioner Robert Stroud,
petitioners, Mr. James G. Von Tungeln of Urban Planning Asso., Inc.
and Mr. J.D. Harper of Arkansas Manufacturing Housing Association,
and members of the press.
At this time, Chairman Gray expressed appreciation to Vice Chairman
Brannen and the members of the Planning Commission for their work
during the Planning Commission meeting of July 8, 1996.
APPROVAL AND/OR CORRECTION OF MINUTES:
Conunissioner Brannen moved, seconded by Conunissioner Patton to
APPROVE the minutes of the Regular Planning Conunission Meeting of
July 8, 1996. MOTION CARRIED.
REQUEST TO APPROVE BUILDING PERMIT: Jehovah's Witness/Kingdom Hall
Chairman Gray recognized Mr. Mike Roark who represented the item of
business.
He related that the building will be approximately 4,000 sq. ft.
and will seat approximately two hundred one persons.
There was discussion regarding the owner of the property at the
time it was purchased by the petitioner and the sale of three acres
of it to Human Services.
City Engineer Reel said that setbacks are met, that parking is
adequate and that it meets the general criteria for a public
assembly place. He said that the property is zoned M-2 and that
the plot plan has been circulated to the Water and Sewer
Departments with no response at this time.
Mr. Roark said that the structure will be brick veneer with 2 X 6
studs.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 12, 1996
7:00 P.M. -8:08 P.M.
Mr. John Hardwick moved, seconded by Commissioner Art Brannen that
the building permit request of the Jehovah's Witness for the
construction of Kingdom Hall at 2630 West Main be approved as
presented. MOTION CARRIED.
PUBLIC HEARING(S):
REQUEST TO APPROVE PLATS: Walnut Pointe North Lake Subdivision
Ph. VI
City Engineer related that the plat before the Commission is a
revision of what was included in the packet noting that a couple of
easements left off the original plat have been added. He pointed
out that letters of approval have been received from the Water and
Sewer Departments and that the plat meets all criteria set forth by
ordinance.
It was pointed out by Commissioner Brannen that the Bill of
Assurance sets forth a seven ( 7) ft. side yard and that by
ordinance an eight ft. side yard is required. The petitioner
agreed to make the change in the Bill of Assurance.
The general consensus regarding lots with the same number, such as
Lot 1, and Lot lF, was that they would be sold as one lot.
Commissioner Elliott moved, seconded by Commissioner Dornblaser
that the FINAL PLAT of WALNUT POINTE NORTH LAKE SUBDIVISION PHASE
VI (as revised) be APPROVED, with the stipulation that the Bill of
Assurance be changed to read eight (8) ft. side yard setback
instead of seven (7) ft. MOTION CARRIED.
(plat to be presented at next Regular City Council Meeting)
City Engineer Reel clarified that the length of the culdesac did
not exceed the Jacksonville Municipal Code requirement of 750 ft.
GENERAL: a. Conditional Use: General Location: Property adjacent
to Dupree Park (Byron McKimmey petitioner)
It was determined that a public hearing should be set to hear the
request at the next Regular Planning Commission Meeting.
Commissioner Brannen moved, seconded by Commissioner Hardwick that
a public hearing be set for September 9, 1996 during the Regular
Planning Commission meeting to hear the request for a Conditional
Use with regard to property owned by Mr. Byron McKimmey and located
adjacent to Dupree Park. MOTION CARRIED.
2
DISCUSSION: Zoning Guidelines
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 12, 1996
7:00 P.M. -8:08 P.M.
Chairman Gray recognized City Engineer who brought to mind past
dealings with requests made to the Commission regarding R-4 zoning
expressing that the need for modification of the zoning
classification exists. He introduced Mr. James G. vonTungeln,
President of Urban Planning Associates, Inc. and Mr. J.D. Harper,
Executive Director of the Arkansas Manufactured Housing
Association. He said that he and Commissioner Elliott had
requested their input to help the Commission as it endeavors to
meet future development needs.
Mr. Harper expressed appreciation for the opportunity to meet with
the Commission. He pointed out that they travel over the State of
Arkansas helping cities deal with affordable housing issues
especially as they relate to manufactured housing. He supplied a
handout to the Commission.
Mr. Von Tungeln addressed the Commission.
He related that HUD regulates the construction of manufactured
housing and that HUD approves every step in the process from design
to anchoring of the manufactured home.
He explained that the most common definition of manufactured
housing is a unit that was constructed after 1976, with the
definition of a mobile home as one being constructed prior to that
period. He said that manufactured housing is brought in on its own
transportation elements which are generally removed or underpened.
He related that modular housing is not supervised by HUD, does not
carry the HUD sticker and that it is brought in on flat bed trucks
and placed on the site.
He said that the trend among cities is to allow the double-wide
units to come into zones subject to some additional requirements.
He pointed out that about two years ago Conway revised their zoning
ordinance and now allow multi-section homes in all their
residential zones subject to their being oriented the same as the
other houses in the neighborhood specifically mentioning the
exterior finish, the foundation, and the roof.
He related that there are land lease communities for single units
and subdivisions specifically designed for them as well as areas,
where uses are mixed with no consistent development patterns, in
which cities have established standards and guidelines.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 12, 1996
7:00 P.M. -8:08 P.M.
Mr. Harper related that manufactured housing at present requires
basically three types of government working together, the Federal
government at the HUD level, the State Government which regulates
installation, and the Local Government which regulates land use.
He said that inspectors report to HUD and NCSBC.
With regard to foundation, Mr. Von Tungeln related that there are
some requirements of the State of Arkansas as well as regulations
by each city. He pointed out that Bills of Assurance or other
restrictive covenants may alter manufactured housing possibilities.
The general consensus of the Commission
Commissioner Dornblaser as modification of
encompasses mobile, modular, and manufactured
density and foundation relating to the same.
was expressed by
R-4 zon1ng as it
housing mentioning
Chairman Gray suggested that the Engineering Office obtain
ordinances available from Conway and Little Rock with regard to
dealing with the issue at hand. West Memphis was mentioned as a
source of information as well.
ANNOUNCEMENTS:
Chairman Gray announced that meetings are forthcoming for
subcommittees as efforts to revitalize Main Street continue.
Commissioner Dornblaser expressed that he would really like for a
"Tree Ordinance" to be presented to the City Council for approval
as he related work in the development of the Human Services unit
being constructed on West Main Street.
Chairman Gray asked that the City of Conway and Fayetteville be
contacted for information relating to the development of an
ordinance.
There was a short discussion regarding flood zone areas as they
relate to the work of the Commission and lending agencies with
regard to the construction of homes.
City Engineer explained the process used in obtaining a letter of
map amendments from FEMA. He noted that the letters are placed on
file in his office for future reference.
He said that his office is trying diligently to offer property
owners as much help as possible to get their homes out of the flood
plain if they are in the gray areas shown to be right on the edge
of the properties. He related that the purpose of the 1 and the lf
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 12, 1996
7:00 P.M. -8:08 P.M.
is so that one buys the whole piece of property but that a building
permit is processed for lot 1, which is out of the flood plain and
does not require flood insurance.
Commissioner Hardwick voiced concerns about the legal aspect of the
process circumventing FEMA guidelines as relating to 1 and 1f.
City Engineer Reel related that there has been no legal challenge
to the designation under discussion pointing out that Marci Wilson
will be attending a school in Pennsylvania where information
regarding flood plain designations will be dealt with.
Mrs. Wilson expresed appreciation for the opportunity to attend the
school in Pennsylvania, adding that while it may be important to
learn flood plain stuff; it is equally important to get away from
work and out of town where one can party until ones heart is
content. She further made mention of the expensive hotel in which
she would be staying, adding that she intends to use her expense
account mainly for good food and liquor. She stated that this
flood of experience would better help her understand flood plain
problems.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 8:08 p.m.
Respectfully,
Lula M. Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
5
f
u
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 APPROVE
PLAT(S):
6. PUBLIC HEARING(S):
7:00P.M.
7. GENERAL:
8. INFORMATIONAL ITEM(S):
ADJOURNMENT
#1 Municipal Drive
7:00P.M.
SEPTEMBER 9, 1996
Regular Planning Commission
Meeting August 12, 1996
Quality Car Wash
Marshall and John Harden Drive
Fl NAL PLAT Penn Pointe Phase II
(petitioner: Richard Penn)
Recreational Conditional Use
REF: Ord. 1059 (#8-96)
regarding land adjacent to
Dupree Park
(petitioner: Mr. Byron McKimmey)
DISCUSSION Modular Home Zoning
PENDING:
I
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 9, 1996
7:00 P.M. -8:17 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art
Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL
CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared
a quorum. PRESENT eight (8), ABSENT (0). (One position is vacant.)
Others present fo r the meeting were Deputy Ci ty Clerk Susan L.
Davitt, City Engineer Duane Reel, Engineering Secretary Marci
Wilson, Parks and Recreation Commiss i oner Robert Stroud,
petitioners, and members of the press.
PUBLIC HEARING: Recreational Conditional Use for land adjacent to
Dupree Park.
Chairman Gray related that petitioner Mr . Byron McKimmey has
conveyed that the completed plans are still being formatted for
presentation to the Commission. He then asked if anyone present
would like to speak regarding the issue. There being no comment,
the public hearing was cancelled for later presentation upon
request by the petitioner.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Brannen moved, seconded by Commissioner Reid to
APPROVE the minutes of the Regular Planning Commission Meeting of
August 12, 1996. MOTION CARRIED.
REQUEST TO APPROVE BUILDING PERMIT: Quality Car Wash at 209
Marshall Road
Petitioner , Mr. Eugene Br ech explained his intention to finance the
project with an SBA loan and further explained that the opportunity
to achieve this type of loan will expire at the end of September.
In response to a question posed by Commissioner Elliott, Mr. Brech
related that the car wash facility will feature an automatic drive-
thru as well as four self-service bays and a vacuum island. He
presented the Commission with a drawing of the completed facility.
In response to a question posed by Chair man Gray, Mr. Brech related
that he is in the process of purchasing the property from John
Haskins, adding that the sale is contingent on a bu i lding permit
approval. It was noted that Mr. Haskins owns a five acre tract
adjacent to the proposed property to be purchased by Mr. Brech.
1
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 9, 1996
7:00 P.M. -8:17 P.M.
Discussion ensued as to the relationship of the property and five
acre tract owned by Mr. Haskins. Mr. Brech related that Bond
Engineering is preparing the property for a one lot subdivision as
advised by City Engineer Reel. It was noted that the property is
adjacent to the strip mall on the north and west of the property
owned by Mr. Haskins on Marshall Road.
City Engineer Reel related that floodway elevations are forthcoming
and that property adjustments may be required from Mr. Haskins when
they are completed. He related some difficulty in obtaining a
property development scheme from Mr. Haskins. It was also noted
that all utilities are available.
Mr. Brech related that his completed paper work would need to be
delivered by September 15th for the SBA loan approval and that a
delay would cause the loan to be lost. He related that he would be
happy to address any stipulations imposed by the Commission, but
that he could not speak for Mr. Haskins who has not wanted to
cooperate in the land sale.
Chairman Gray reviewed the conditions for the property sale and
provisions for submission of the one lot subdivision, adding that
the petitioner is seeking a conditional building permit.
Commissioner Elliott moved, seconded by Dornblaser that the
building permit be approved contingent on the stipulations that a
final plat be presented at the next regularly scheduled Planning
Commission meeting and that all flood plain concerns be addressed
in the final plat. MOTION CARRIED.
b. Pizza Hut 1801 T.P. White Drive
City Engineer Reel related that Pizza Hut is requesting a building
permit for a new facility west of Taco Bell on North First and has
obtained an agreement from the Dupree Company to share a common
drive access for T.P. White Drive. He related that the parking
layout is adequate for the building.
It was noted that the side yard setback of thirteen feet did not
meet with code requirements and an adjustment to fifteen feet was
agreed upon.
The representative from Pizza Hut Mr. Robert Cotton, related that
a common access shared with Taco Bell was part of the purchase
agreement.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 9, 1996
7:00 P.M. -8:17 P.M.
Chairman Gray discussed information necessary to completely
describe the property and possible one lot subdivision.
Questions concerning the land transfer were mentioned and review of
all setbacks as well as parking requirements were noted.
Discussion ensued as to the need of a final plat addressing the
relationship of the neighboring property and an agreement on the
common access easement and maintenance thereof.
Commissioner Dornblaser moved, seconded by Commissioner Patton that
the building permit request be approved with the following
stipulations; an easement agreement as to the common area, side
yard setback to meet the minimum requirement of fifteen feet, and
provisions of a final plat of the parcel at the next regularly
scheduled Planning Commission meeting.
Discussion ensued as to construction starts and certificates of
occupancy regarding final plat approval. Delay concerns were
addressed and it was concluded by the Commission that any building
risk before final plat approval rest with the builder.
MOTION CARRIED.
Discussion ensued as to the difficulty regarding control of the
sale of unplatted property.
REQUEST TO APPROVE PLATS: FINAL PLAT Pennpointe Subdivision Ph. II
City Engineer Reel related that the improvements are completed and
letters of acceptance have been received from the Sewer and Water
Departments as well as the letter of warranty for the streets.
Mr. Penn addressed corrections to the Bill of Assurance regarding
stats i.e. lot numbers from the Bill of Assurance for Phase I and
particulars dealing with Phase II titled exhibit C. He assured the
Commission that a corrected copy of the Bill of Assurance will be
delivered to the office of the City Clerk.
Discussion ensued as to considerations for the culdesac radius
regarding school buses. Commissioner Elliott pointed out that
approval was given in the preliminary plat for a one-way circle
with no on street parking adding that said stipulation should be
included in the Final Plat.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 9, 1996
7:00 P.M. -8:17 P.M.
A question was posed by Conunissioner Dornblaser as to whether
school busses and emergency vehicles will be able to turn around in
the culdesac.
Mr. Penn said that an attempt was made in designing the street to
acconunodate the ladder truck used by the Fire Department. He went
on to say that a wrought iron fence, approximately 400', is planned
for each side of the main street development with a security gate.
He related that in theory the gate would be opened during the day
unless security became necessary during those hours. He said that
certain persons like mailmen, garbage collectors, etc. would have
access to the subdivision. He stated that Lots 1 and 18 will not
have access to Main Street.
A discussion ensued with regard to the City accepting maintenance
for the street. Mr. Penn said that it has been built to comply
with standards set forth by the City in hopes that it will be
accepted by the same. He related that approval of the Improvement
District will come before the City Council at their next meeting,
adding that it could be maintained by the property owners.
Chairman Gray pointed out that controlled access into a
neighborhood limits participation by the public thus making
questionable the acceptance for maintenance by the City of
Jacksonville. He questioned the responsibility of the Improvement
District.
Mr. Penn voiced that the sewer pump station belongs to the property
owners until a point where the Sewer Department can get a
transmission line constructed which will occur when Metropolitan
releases the adjacent land. He said that the present system was
built so that it could be added to and acconunodate Jackson Heights
Subdivision. He noted that half the lake will be maintained by the
Phase 11 Improvement District. He said that to some degree the
Improvement Districts will be combined and mentioned aspects of the
conunon areas. He said that there was a sewer gravity line for the
first 21 lots with no costs involved whereas, the second phase has
a pump station and will require maintenance. He pointed out that
the entrance gate, not included in phase one, will require on-going
costs as well.
It was pointed out that the pump station responsibility being that
of the developer is a first for the Wastewater Department.
Mr. Penn related that there will be approximately no operating
costs for the first few years, in theory, noting that the cost for
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 9, 1996
7:00 P.M. -8:17 P.M.
electricity is the major factor at this point. He explained that
there is a private contract with Carol Self with regard to
maintaining the pump station. He stated that the annual
maintenance cost is estimated at $1,200.00. He then related that
the Wastewater Department owns the lines to the pump station. He
said that the department first rejected the project.
He pointed out that a special improvement tax will be imposed and
that each property owner will receive a statement from the tax
collector of Pulaski County with payment made to the district from
the collector.
Chairman Gray explained that he did not feel the Planning
Commission could recommend to the City Council to accept the
maintenance of streets that would be exclusive and not available
for use by the entire community.
Attorney Bamburg explained that there could be no limitations or
access control of public street use according to state law.
A discussion followed involving setting a precedent with regard to
acceptance by
the City for streets with private controlled access.
He said that the streets are quality built and that he has no
problem with them being considered private drives.
Commissioner Dornblaser moved, seconded by Commissioner Elliott to
Approve the FINAL PLAT of PENNPOINTE SUBDIVISION with the provision
that West Point Drive and Edgewater Court be maintained as private
drives by property owners, that the culdesac be one-way with no on-
street parking, that Lots 1 and 18 have no access on to Main
Street, that a corrected Bill of Assurance be presented to the
office of the City Clerk as a matter of record, and that the
Improvement District be established. MOTION CARRIED.
ANNOUNCEMENTS:
ADJOURNMENT:
There being no further business, Chairman Gray adjourned the
meeting at approximately 8:17 p.m.
Respectfully,
~~(;.~
Lula M. Leonard
Planning Commission Secretary
5
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 APPROVE
PLAT(S): a.
#1 Municipal Drive
7:00P.M.
OCTOBER 14, 1996
Regular Planning Commission
Meeting September 9, 1996
PRELIMINARY PLAT Quality Car
Wash Subdivision
(petitioner: Eugene Brech)
b. FINAL PLAT: Paradise Subd.
(petitioner: Mac Hogan)
6. PUBLIC HEARING(S):
7:00P.M.
7. OTHER BUSINESS:
ADJOURNMENT
PRESENTATION from the Urban
Planning Association by
Mr. Jim Von Tungeln
Tree Ordinances from Fayettville
7
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 14, 1996
7:00 P.M. -7:50 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, and Mark
Perry answered ROLL CALL. Chair.man Bart Gray Jr. also answered ROLL
CALL and declared a quorum. PRESENT six (6}, ABSENT (2}.
Others present for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel,
Marci Wilson, Alderman Phil Keaton, Mr. Jim Von Tungeln and
petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Brannen moved, seconded by Commissioner Perry that the
minutes of the September 9, 1996 Regular Planning Commission
Meeting be APPROVED. 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. Quality Car Wash Subdivision
Chairman Gray introduced the item of business noting that a
building permit was approved at the September Planning Commission
Meeting and that the Preliminary Plat is presented as requested.
Commissioner Elliott questioned whether or not the Final Plat will
be presented at the next meeting of the Commission and pointed out
that the last call was left out of the legal description. He said
that flood plain designation does appear on the plat.
Commissioner Elliott moved, seconded by Commissioner Dornblaser to
APPROVE the PRELIMINARY PLAT OF THE QUALITY CAR WASH SUBDIVISION
with the stipulation that the last call of the legal description be
corrected. MOTION CARRIED.
It was pointed out by Chairman Gray that the Bill of Assurance was
submitted along with the Preliminary Plat.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 14, 1996
7:00 P.M. -7:50 P.M.
b. The FINAL PLAT of PARADISE SUBDIVISION
Chairman Gray introduced the item of business.
City Engineer Reel voiced that the Final Plat is the same as the
Preliminary Plat except an easement was shortened along a south
property line that was obtained from Tom Cory and his partners.
He explained that the fifty foot easement on the plat is half of a
power line easement that goes thru the property giving access
around the south of the property back out to Redmond Road.
City Attorney Bamburg
between Mr. Hogan and
Mayor Swaim, has been
Road . He added that a
therein.
explained that a maintenance agreement
the City of Jacksonville, represented by
finalized with reference to Paradise Park
proportional share for each party is named
City Engineer Reel said that there were no utilities to be added.
He mentioned a small easement on the northwest corner showing a
triangle cutting across which relates to a water line connection
given at that point by the Water Department. He said that a sewer
service line for his building has to be run by Mr. Hogan down to an
easement along the south side to a sewer line on Redmond Road. He
added that said items are to be maintained by Mr. Hogan.
Commissioner Dornblaser moved, seconded by Commissioner Reid that
the Final Plat of Paradise Subdivision be approved with it being
noted that there is a Letter of Agreement on file in the office of
the City Clerk regarding the maintenance of Paradise Road between
the City of Jacksonville and the property owner. MOTION CARRIED.
PUBLIC HEARINGS:
No public hearings were scheduled.
OTHER BUSINESS: PRESENTATION from the Urban Planning Association
by Mr. Jim Von Tungeln
Mr. Jim Von Tungeln was recognized by Chairman Gray.
He made a presentation to the Planning Commission regarding
manufacturing housing. He related that Little Rock includes multi-
section manufactured housing in every zone except R-1, which would
equate to the R-0 zoning recognized by the City of Jacksonville.
He said that the manufactured homes are allowed as a conditional
use with the premise that the units be oriented lengthwise,
requiring notification of the property owners. He said that other
requirements include a three and twelve pitched roof, removal of
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 14, 1996
7:00 P.M. -7:50 P.M.
all transport elements, permanent foundation meaning predominantly
a continuous type, exterior walls finished so as to be compatible
with the neighborhood, underpinning with permanent materials, and
off-street parking as per single family standard.
He related that Conway allows manufactured homes in all zoning
areas effective in November of 1994 without conditional use
appllication. Other requirements are listed as follows; building
permit certifications as required for any dwelling unit, homes must
be appropriately cited with front door oriented to the street,
attached and anchored to a permanent foundation in conformance with
the manufacturers installation specifications, the home covered
with an exterior material customarily used on site built
residential dwcllingo, appropriately pitched roof, and noting the
home must be a double-wide or larger.
HP. not.P.o that Forest City carries generally the same type of
restrictions, but also requires a porch be added.
He related that after viewing the ordinances of the City of
Jacksonville ordinances he felt the definitions were typical with
that of other cities, pointing out that manufactured housing
generally refers to housing built since 1976, adding that mobile
homes and RV's generally refer to homes built prior to that date.
He stated modular homes are indignant of homes transported on flat
bed trucks without self-contained transportation equipment and are
not regulated by HUD.
He related that cities in Arkansas usually implement requirements
such as conditional uses for additional control and regulation,
adding that all building codes are preempted by the Department of
Housing and Urban Development.
He offered suggestions regarding general standards for mobile home
parks and stated that an R-6 zoning (manufactured housing
subdivision) should carry a minimum of five thousand square feet.
He offered his services with regard to any desire by the Planning
Commission to amend the current zoning ordinances.
Discussion ensued as to the difference with regard to zoning
concerning the single and double-wide units.
He complimented the Commission with regard to encouragement shown
to developers of manufactured housing subdivisions.
3
J
b. Tree Ordinances
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 14, 1996
7:00 P.M. -7:50 P.M.
Commissioner Dornblaser commented on the expanse covered by
Fayetteville's Tree Ordinances, adding that he felt the main
objective for Jacksonville is to eliminate clear cutting regarding
new development. He offered that Fayetteville's Tree Ordinance
could be used as a guideline for the development of a preliminary
tree ordinance for Jacksonville. He related that more regard needs
to be given to hard wood trees mentioning a recent development
which cleared oak trees that were possibly 80 years old. He
related that the approach should carry guidelines for new
construction, suggesting that new developments could create some
type landscaping to compliment the development. He stated that
some of the landscaping regulations used in residential bills of
assurance could also be considered for commercial developments.
Chairman Gray noted desirable references in the tree ordinances
regarding lot percentage for tree canopies, and remarking on the
concern for caveat responsibility and regulation.
Commissioner Brannen suggested that a committee of three be formed
to review Fayetteville's ordinances and make recommendations to the
Planning Commission.
Following the appointment of Commissioner Dornblaser and
Commissioner Brannen, Chairman Gray related that a non-Planning
Commission member should be considered as the third appointment.
Participation from all commission members was encouraged, it was
also suggested that local developers Mr. Jim Green or Mr. Dickey
Penn be asked to join the commit tee. Rebecca Camp was also
mentioned as someone who could contribute and bring knowledge to
the committee.
It was concluded that the committee would meet at 6:00p.m. October
21, 1996.
It was further concluded that the next scheduled Planning
Commission meeting would be held Tuesday November 12th at 7:00p.m.
ADJOURNMENT:
At this time Chair.man Gray adjourned the meeting at approximately
8:00 p.m.
Respectfully,
,~ •• '--& ~~ L . M. Le onard
Planning Commission Secretary
CITY CLERK-TREASURER
4
/I
11------
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 APPROVE
PLAT(S):
6. PUBLIC HEARING(S):
7:00P.M.
7. OTHER BUSINESS:
ADJOURNMENT
#1 Municipal Drive
7:00P.M.
DECEMBER 9, 1996
PAGE
Regular Planning Commission
Meeting October 14, 1996 1-4
PRELIMINARY AND FINAL:
Phase II of the Replat of Plot
7 of Little Rock Air Force Base
Main Gate Development Area
(Petitioner: Tommy Dupree)
(Plats and Bill of Assurance
included in packet) 5
Request for a subdivision name
change (Petitioner: Jim Green)
(info included in packet)
J
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 9, 1996
7:00 P.M. -8:00 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Conunissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art
Brannen, Mark Perry and John Hardwick answered ROLL CALL. Chairman
Bart Gray Jr. also answered ROLL CALL and declared a quorum.
PRESENT seven (7), ABSENT (1).
Others p resen t for the meeting were City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel,
Marci Wilson, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Elliott moved, seconded by Commissioner Brannen that
the minutes of the October 14, 1996 Regular Planning Commission
Meeting be APPROVED as corrected. MOTION CARRIED.
A question was posed by Mr. Charles Siegismund regard ing the
presentation by Mr. Jim Von Tungeln as recorded in the minute s.
City Clerk Leonard invited Mr. Siegismu n d to listen to the tape of
the meeting on file in the clerk's o ffi c e.
REQUEST TO SET UP PUBLIC HEARINGS:
No requests were presented.
REQUEST TO APPROVE BUILDING PERMITS:
No requests were presented.
REQUEST TO APPROVE PLATS:
a. The PRELIMINARY AND FINAL PLATS of PHASE 11 of the REPLAT OF
PLOT 7 of LITTLE ROCK AIR FORCE BASE MAIN GATE DEVELOPMENT AREA
Chairman Gray introduced the item of business and introduced Mr.
Tommy Bond who represented the petitioner Tommy Dupree.
Mr. Bond pointed out that the location of the parcel is between
Fletcher Dodge, Pizza Hut, Taco Bell, and Auto Zone. He related
that the business name of the proposed construction is Aaron's.
He said to his knowledge only o n e t ract of the original land
devel opment has not b een replatted. He sai d that t he parcel s are
under sep arat e ownership, thi s o n e b eing owne d by Boatman's
Nation's Bank ; that the Dupree's we re the o riginal o wners .
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 9, 1996
7:00 P.M. -8:00 P.M.
There was discussion regarding subdividing of parcels under five
acres according to the Municipal Code.
City Engineer Reel said that the lot complies with code
requirements and that the utilities exist and are located at the
back of the lot.
Mr. Bond related that a new 36 11 drainage pipe will be laid with
closure of all the open ditch.
Commissioner Elliott moved, seconded by Commissioner Brannen to
APPROVE the Preliminary and Final Plats of Phase 11 of Plot 7,
Little Rock Air Force Base as submitted. MOTION CARRIED.
Chairman Gray voiced that the plat to be presented to the City
Council at their next regular meeting.
NON-AGENDA ITEM:
A discussion ensued with regard the maintenance of a track of land
owned by Pizza Hut. Mr. Bond stated that Taco Bell has access
right of way on the tract adding that in the Bill of Assurnance it
is called an access easement. He related that Pizza Hut and Taco
Bell are owned by Pepsico.
It was determined that it is not 11 a no-man's land 11 and that the
City is not responsible for maintenance of the tract.
PUBLIC HEARINGS:
No public hearings were scheduled.
OTHER BUSINESS: Request to change the (proposed name) of Stonewall
Phase VII to Stonewall North Subdivision
Mr. Jim Green was recognized by Chairman Gray to address the
Commission regarding his request to change the name of the
subdivision lying along Loop Rd. Mr. Green said that he has
decided not to pursue the name Stonewall Phase VII, and requested
that the name be Stonewall North Subdivision.
He related that the package of information presented to the
Commission was also presented to the Stonewall Property Owners
Association for perusal at their annual meeting.
Commissioner Dornblaser commented that he felt the material
presented is confusing and misleading in that persons might assume
that they are part of the Stonewall Subdivision proper with rights
and privileges of the same.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 9, 1996
7:00 P.M. -8:00 P.M.
Mr. Green rel ated to the l i st ing of subdivisions presented in the
package and gav e an overview of his understanding of subdividing
property. He pointed out that there are several subdivisions that
have the name Lakewood attached to them, but that they are not
necessarily all one. He also pointed out that one Timber Creek
Subdivision is part of the Lakewood Recreat ion #4 and part of the
Lakewood Property Owners Association. He related that the other
Timber Creek Subdivision has its own Property Owners Association
although they are part of the Lakewood Recreation #4. He said
that, in his opinion, there will not be c o n fu s i on on the part of
those who purchase property in "Stonewall No rth Subdivision".
Commissioner Brannen read from the Jacksonville Municipal Code
Chapter 17.21.050 and questioned whether or not the code is being
violated. Emphasis was placed by the Commission on the word
"confusing".
Mr. Hardwick v o iced that h avin g g r ow n up in Park Hill, he is
fami l i ar with wh at is under conside r ation and did not feel there
would be confusion over the name being "Stonewall North
Subdivision"; that it is descriptive of where the subdivision is.
Mr. Dick Olson,
Association, was
Commission.
President
recognized
of
by
the Stonewall
Chairman Gray
Property Owners
to address the
Mr. Ol son rel ated that he had presented the request to name the
deve l o p ment Stonewall North Subdivision made by Mr. Green to the
Stonewall Property Owners Board. He said they determined that
there may not be any adverse effect to the Stonewall Property
Owners Association per say with the name, however, the Association
chose not to endorse the name either. He said the matter was
brought before the general membership meeting of November 12, 1996
and related that the most that came out of t h ose who re s ponded was
that the name is confusing. He pointed out t h at the people for the
most part were ambi volent; some being opposed to the use of
11 Stonewall" in the name and those who neutral, with nobody really
will ing to do anything to stop Mr. Green from using the name.
He sa id that the position of the Stonewall Property Owners
Association is neutral.
Commissioner Elliott related that he felt the name will be
confusing.
Commissioner Hardwick voiced that he felt the name clarifies the
location of the subdivision.
3
l
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 9, 1996
7:00 P.M. -8:00 P.M.
Commissioner Dornblaser moved, based on the standing ordinance
designated in the Jacksonville Municipal Code in Chapter 17. 21.050,
that the request made by Mr. Jim Green to name his development
located on Loop Road "Stonewall North Subdivision", be DENIED.
MOTION CARRIED with all commissioners voting AYE accept ONE
NEGATIVE VOTE by Commissioner Hardwick.
NON-AGENDA INFORMATIONAL ITEMS:
Chairman Gray related that in the spring of 1996 the Planning
Commiss ion was g i v en a reason able task of assisting the 11 Downtown
Jacksonville Commi ttee 11 in p l anning for the area . He p resen t ed a
vision statement , 11 An area planne d around a central theme and
marked by economic energy and diverse activity. A pedestrian
friendly place to live, work, shop, eat & have fun in RnfA, ~lean,
environmentally pleasing conditions, 11 which was finalized in mid-
summer.
He asked that reorganization take place in January and that efforts
toward revitalization of the downtown area be renewed.
THANKS
Chairman Gray expressed appreciation to those members, Mr. Jim
Dornblaser and Mr. Kenny Elliott who will be leaving the Commission
as of December 31, 1996, for their faithful service.
ADJOURNMENT:
At this time Chairman Gray adjourned the meeting at approximately
8:00 p.m.
Respectfully,
~l/U-.~ LU'M.Leonard
Planning Commission Secretary
CITY CLERK-TREASURER
4