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19821. ROLL CALL: JACKSONVILLE PLANNING COMMISSION AGENDA January 11, 1982 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting -December 14, 1981 3 . ELECTION OF OFFICERS FOR 1982 YEAR : 4. NORTHLAKE CONDOMINIUM/26 LOTS/PRELIMINARY PLAT/REQUEST APPROVAL: 5. PRESENTATION: ANNUAL REPORT-1981: ADJOURN~1ENT: A TTENDAN.CE: OPENING REMARKS: JACKSO NVILLE PLANNING COMMISSION RE GULAR MEETING -JANUARY 11, 19 82 POLICE & COURTS BLDG. -WEST f~AIN ST. 7:30P.M. -8:05P.M. Mayor James G. Reid called the meeting ~o on d er at 7:30p.m. He then presided over the meeting during the election of the Chairman for 1982. Mayor Reid stated there were three (3) new members added to the commission. He welcomed back Mr. T.P. White; Mr . J.B. Snethern f nom the Board of Adjustment; and Mr. Lloyd Friedman. He told them he appreciated them 'serving on the commission; it was important to have people like them to work and plan the future of the city. Quorum was declared. APPROVAL AND/OR CORRECTION OF MINUTES: Comm. Betts moved, seconded by Comm. McAli s ter , to approve the Minutes of December 14, 1981, as published. Approved by unani mous ~oice vote. MOTION CARRIED. Bart Gra :y, Jr'. came in at this time. ELECTION OF OFFICERS FOR 1982: Mayor Reid opened the floor for nominations for Chairman. Comm . Howard nominated Comm. Betts as Chairman .! Comm. White seconded the nomination. Comm. White moved, seconded by Comm. McAlister that nominations cease and Comm. Betts be elected by acclamation. Approved by voice vote. MOTION CARRIED. Mayo r Reid then turned the meeting over to Chairman Betts. Chairman Betts thanked Mayor Reid for presiding over the election, and thanked the membership for their support. Chairman Betts opened the floor for nominations for Vice-Chairman . Comm. Howard nominated Comm . Wilkinson as Vice-Chairman. Comm. Snethern seconded the nomination. Comm . White moved, seconded by Comm. McAlister that nominations cease . Approved by voice vote. MOTION CARRIED. Comm . Howard reminded the members that his term on the Board of Adjustment would be up on February 5, 19 82. A new member from the commission would need to be appointed to the board . Comm. Howard then moved, seconded by Comm . McAlister, to appoint Comm . Gray to the Board of Adjustment. Approved by voice vote. MOTION CARRIED. DEVIATION IN AGENDA : ROLL CALL: Those members present on ROLL CALL: Chairman Betts ; Commissioners: Howard ; Gwatney , Wilkinson , Snethern,Gray, McAlister, Friedman and White. PRESENT: 9 . ABSENT: 0. Others present: Mayor James G. Reid; City Engineer Bill Owens; City Inspector John New; Tommy Bond and Duane Reel of Bond Consulting Engineers. NORTHLAKE CONDOMINIUM/26 LOTS/PRELIMINARY PLAT: City Engineer Bill Owens said he had reviewed the plans and they were in accordance with condominium rules and regulations. The water department has given their approval of the lines , and the sewer department has given verbal approval of their lines. He has not t a lked to the Fire Department, but will get in touch with the Chief this week. Duane Reel said a fire hydrant was located in the center of the complex. Commission then discussed the stipulation of a privacy fence that was placed at the time the property was rezoned. Discussion then turned to who would be PAGE TWO JACKSONVILLE PLANNING COMMISSION .'_)f _;:fo.,J.8 JANUARY 11, 1982 responsibile for the upkeep of said fence. City Engineer Owens said this could be set out in the Bill of Assurance as to who would be responsibile for repair and maintenance of the fence. Comm. White moved, seconded by Comm. Wilkinson, to approve this preliminary plat subject to approval from the Fire Department and the developer bringing this plat back at the next stage and offering to add a continuing privacy fence. Approved by voice vote. MOTION CARRIED. NON-AGENDA: Chrm. Betts asked the new members to see the secretary to obtain a copy of the Jacksonville Code Book and also, a copy of the Comprehensive Development Plan for Ja c k s on v il 1 e . Membership also discussed getting a plaque for Mr. Hugene Wooley, Chairman for the Planning Commission for 1981. Chrm. Betts and Comm. White said they would take care of this. Membership requested a copy of their budget for 1982, and an expenditure report for 1981. ADJOURNMENT: The meeting adjourned at 8:02 p.m. with consent of all present. Respectfully submitted, L~J{)Jf~ De~. Wa 1 tmon, Secretary JACKSONVILLE PLANNING COMMISSION 1. ROLL CALL: JACKSONVILLE PLANNING COMMISSION A G E N D A February 8, 1982 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting -January 11, 1982 3. SAVERS COMMERCIAL PARK/FINAL PLAT APPROVAL: 4. FINANCIAL STATEMENTS FOR leBO and 1981: 5. PLANNING COMMISSION BUDGET FOR 1982. (For information only) 6. NON-AGENDA: REQUEST TO SET UP PUBLIC HEARING: General Location: General Samuels Road and Hwy. 107/ ADJOURNMENT: Three tracts: Tract A & B/FROM R-0 to C-3 Tract C/FROM R-0 to R-3 ATTENDANCE: OPENING REMARKS: JACKSONVILLE PLANNING COMMISSION REGULAR MEETING-FEBRUARY 8, 1982 :_<.:J.t.j{) POLICE & COURTS BLDG. -WEST MAIN ST. 7:30P.M. -8:10P.M. r~i Chairman Betts called the meeting to order at 7:30p.m. Those members present on ROLL CALL: Chairman Betts; Commissioners: Howard, Wilkinson, Snethern, Gray, McAlister and Fri'edman. Commissioners: Gwatney and White were absent. PRESENT: 7. ABSENT: 2. QUORUM WAS DECLARED. Others in attendance: City Engineer Bill Owens; Mr. & Mrs. Ray Vire, petitioners and Mr. Bob Lowe, representing Hodges; Vine and Fox. APPROVAL AND/OR CORRECTION OF MINUTES: Comm. Howard moved, seconded by Comm. Snethern, to approve the Minutes of January 11, 1982, as published. Approved by unanimous voice vote. MOTION CARRIED. FINANCIAL STATEMENTS/BUDGET: Comm. Gray said he had been made aware at last month 1 s meeting that the Planning Commission had a budget, and he just wanted to know what the money was used for. Finance Director Gene Kelley went over the financial statements and line items of , the budget with the commissioners. SAVERS COMMERCIAL PARK/FINAL PLAT APPROVAL: City Engineer Bill Owens stated the Street & Engineering Committee met this after- noon to discuss the driveway access onto Hwy. 161. The committee was more concerned about the north driveway being so close to Martin Street. They had several sugges- tions on this property which are: moving the north driveway back to lots 2 and 3 and dead end the driveway into lot 1; asking Humpty Dumpty Child Care Center to close one of their driveways; and dedicate 20 1 right-of-way for future expansion of Hwy. 161. City Engineer Owens said he talked with Hodges, Vine and Fox, engineers on this project, and they do not see any problem with moving the north driveway back to lots 2 and 3 arid dead ending into lot 1. However, they would like to compromise on the right of way and furnish 10 1 right-of-way instead of 20 1 • City Engineer Owens stated in his opfinior;r this was fair enough. They will also post an $8,000. bond to the City of Jacksonville for these improvements. Comm. Gray felt if the south driveway was moved to lots 6 and 7 and dead end the driveway into lot 8, it would help the traffic problems we have there now. It would allow the traffic to get off the road and stop rather than stop on the high- way and back up traffic. Comm. Gray moved, seconded by Comm. Snethern, to approve the final plat with the following changes: 1. move the north driveway between lots 2 and 3 and dead end the driveway into l ot 1; 2. move the south driveway between lots 6 and 7 and dead end the driveway into lot 8; 3. that 10 1 additional driveway right-of-way be dedicated on the east side of highway 161 for future expansion; 4. and that they post an $8,000.00 bond to the City of Jacksonville. Approved by unanimous voice vote. MOTION CARRIED. (Mr. Bob Lowe, representing Hodges, Vine and Fox, said the bond would be posted in the next sixty (60) days.) NON-AGENDA: REQUEST FOR PUBLIC HEARING BE SET UP: General Location: General Samuels and Hwy. 107/Three tracts/Tracts A & B to be rezoned from R-0 to C-3/Tract C to be rezoned from R-0 to R-3. JALK~UNVlLLt ~LANNlNb LUMMl~~lUN FEBRUARY 8, 1982 Comm . Howard moved, seconded by Comm. Wilkinson, to set public hearing for 8 :00 p.m. on March 8, 1982. Approved by unanimous voice vote. MOTION CARRIED. Chrm. Betts reminded Mr. Vire that rezoning signs would have to be posted on each tract. ADJOURNMENT: After no further business, the meeting was adjourned with consent of all present. Respectfully submitted, Deborah D. Waltman, Secretary JACKSONVILLE PLANNING COMMISSION JACKSONVILLE PLANNING COMMISSION AGENDA March 8, 1982 1. ROLL CALL: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting -February 8, 1982 3. DISCUSSION: SAVERS COMMERCIAL PARK/DRIVEWAYS/EAST MARTIN & APPROXIMATELY 140' OF STONEWALL DRIVE. 4. PUBLIC HEARING SET FOR 8:00P.M.: Rezoning: Tract A Tract B Tract C General Location: ADJOURNMENT: -From R-0 to C-3 -From R-0 to C-3 -From R-0 to R-3 General Samuels Road and Hwy . 107 . ATTENDANCE: OPENING REMARKS: JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -MARCH 8, 1982 POLICE & COURTS BLDG. -WEST MAIN 7:30 P.M. -8:47 P.M. ST . Chairman Betts called the meeting to order at 7:30 p.m. Those members present on ROLL CALL: Chairman Betts; Commissioners: Gwatney, Hilkinson, White, Gray, McAlister .. and Friedman. Commissioners: Howard and Snethern were absent. PRESENT: 7. ABSENT: 2. QUORUM WAS DECLARED. Others in attendance: City Attorney Paul Groce; City Eng- ineer Bill Owens; Duane Reel of Bond Engineers; Mr & Mrs. Ben Rice, petitioners and Mr. Charles Randal of Metroplan and citizens interested in ?Cheduled pub~:ic hearing. APPROVAL AND/OR CORRECTION OF MINUTES: Comm. Wilkinson moved, seconded by Comm . Friedman, to approve the Minutes of February 8, 1982, as published. Approved by unanimous voice vote . MOTION CARRIED. DISCUSSION: DUPLEX DRIVEWAYS/EAST MARTIN & APPROXIMATELY 140' OF STONEWALL DRIVE: Chrm. Betts informed the . commissioners that City Eng. Owens had talked with Savers and met with the Street and Engineering Committee of the City Council, concerning access onto Hwy. 161 from this duplex. Their recommendation to the Planning Comru is to deny access onto Hwy. 161 because it is in violation of city ordinance. Keep in mind, at some time in the future, Hwy. 161 will be widened to a 4-lane and we need to keep enough for right-of-way. The problem is the property from Stonewall to Martin is all unplatted and zoned R-3. It was sold on a meets and bounds description, and containes about 3 acres. Savers (owner) does not know how it will be divided or how it will be developed. They have been asked to work with us in getting access to this property. City Eng. Owens stated he just wanted the comm- ission to be aware of what had transpired and he would keep them informed. DEVIATION IN AGENDA: UPDATE FROM CHARLES RANDAL/METROPLAN: As it was not yet 8:00p.m. and time for the scheduled public hearing, Mr. Charles Randal from Metroplan addressed the commission. Mr. Randal spoke to the membership on the Comprehensive Development Plan and Data Book for the City of Jacksonville. These books deal with land use, economy, tran s portation history of the community and with population. Mr. Randal brought a map for land use, major streets and community facilities for Jacksonville. One thing this map cannot show is the timing element. That is up to the Planning Comm. and the City Council. Over a period of time, the city's growth has extended west- ward as utilitys became available, and there has been a seperation from the central business district . Discussion on city's growth ensued. Comm. White stated this plan was a guide to go by and adhear to as much as possible, but it also needs to be fle xible. Some areas may never develope or it may not be feasible to develop them. PUBLIC HEARING: 8:00 P.M. REZONING: TRACT A -FROM R-0 TO C-3; TRACT B -FROM R-0 TO C-3; TRACT C -FROM R-0 TO R-3/GENERAL LOCATION: GENERAL SAMUELS AND HWY. 107: Tract A is approximately 2 acres located across General Samuels Road on the west side of Hwy. 107. Mr. Ben Rice, representing owner, stated owner would like to place a service station/convenient store on 1/2 the property. Because of the heavy traffic at the intersection of General Samuels and Hwy. 107, he feels there is 1 enough traffic to support the store . Comm. Gray asked what utilities were out in : that area. Mr. Rice said Arkla Gas has lines there, the water dept. has lines within 400' to 500' of tract A; and First Electric Coop has power lines out ~here . As the residents have done with sewer, the store will probably have to install a septic tank. UI\VI'\JUI'iVJ.LLL rLnl'il'i.ll't\,J VUI'II'I.l.JJ.lVI't PA_GE TWO MARCH 8, 1982 Tommy Bond, Bond Engineers, i.ntroduced Claude Brazil. Tommy said he worked with Mr. Brazil on developing a plan for this property. Mr. Brazil said General Samuels would be a major thoroughfare and it would not be ~ reasonable to plan one family housing at that intersection. Jnstead, use a neigh-1 borhood commercial layout with tract A, at the corner of General Samuels and Hwy. 107 (tract B) to be commercial, and suggest a 5 acre (tract C) multi-family project tentative as a buffer zone between R-1 residential and commercial zoning. Comments from the floor: Don Presley, resident of Jackson Heights; is concerned with what the plans are for tract C. Mr. Rice replied he did not have any plans at this time. They would probably depend on what the market conditions were at the time I wanted to develope the area. He said it would not be something detrimenta 1. (Mr. Rice owns tract B and C.) Hugh McDougal, was concerned about the safety factor with the street and multi- family housing would be increased people. City Eng. Owens ;said there will be some problems but there will be major thoroughfare improvements in the future. Comm. Gray asked what was being planned for tract B. Mr. Rice stated he did not have any plans for this property at this time. Wayne Tucker, resident of Jackson Heights; asked if city sewer would be in this sub- division in the future? Mr. Rice said EPA has not approved sewer lines to the sub-- division. He recommended the residents of Jackson Heights be present at the public hearings for the sewer rate increase/1 percent county wide sales tax usage scheduled for March 15 and 16, to ask for a portion of the sales tax money to get city sewer out there. Alderman Mike Abdin, resident of Jackson Heights; stated he would support using a portion of the sales tax money to be spent to get sewer to the subdivision. Comm. Gray moved, seconded by requested. ROLL CALL and the Gray, McAlister and Friedman. votes. MOTION CARRIED. Comm. Friedman, to approve the rezoning of tract A as following voted aye, Comm: Gwatney, Wilkinson, White, Motion received 6 affirmative votes and 0 negative Comm. White moved, seconded by Comm. Gray, to approve the rezoning of tract B, as requested. ROLL CALL and the following voted aye, Comm. Gwatney, Wilkinson, White, Gray, McAlister and Friedman. Motion received 6 affirmative votes and 0 negative votes. MOTION CARRIED. Mr. Rice told the commission the property was annexed to the city and would be applicable under 18.81.020 of Jacksonville Municipal Code. Comm. White he under- stood both sides, but felt it would be best to add additional time on this last tract. Comm. Gray moved, seconded by Comm. Friedman, to deny rezoning on tract C. (No vote was taken) After more discussion, Mr. Rice asked that this be held in abeyance until such time as he would have a plan for the property. Both parties withdrew aformentioned mot~on. ADJOURNMENT: Comm. Wilkrinson moved, seconded by Comm. Gwatney, to adjourn. Approved by unan ,i:mous L PAGE THREE voice vote. MOTION CARRIED. Respectfully submitted, LfltLU__~ IJJf~ Deborah D. Waltman, Secretary JACKSONVILLE PLANNING COMMISSION JACKSONVILLE PLANNING CUMMl~~lUN MARCH 8, 1982 ·.~:·' /JL·~ 5 TRACT A That part of the NW~ of Section 22, Township 4 North, Range 11 West, Pulaski County, Arkansas, which lies Nor th and V.les t of State Highway 107, containing 2.005 acres, more or less. Tl\ACT 13 Pan of the NW:kot the NWiof Section 22, Township:) North J\ang c 1l West, Pulaski County, Arkansas, more particularly dcscri be cl as becrinning at the intersection of the South right-of-way line of Ge neral Sa ~1ue ls Road ancl the East right -of-way li nc of State Highway 107; the nce in a southeasterly dirccti~n along t~1c south ri g ht-{)f-wayr•lil;c" of General Samuels Road for a d1 stance or .300 feet; th e n ce S60 4(1 01 W for a distance of 300 fee t; th e nc e: N49°48'5.S"W to a point on th e cast right-of-way line of State Highway No. W7 ; thence N60°46 'lO"E a long the east right-of-way line of State f -li~hv;ay .. No~-1(~7 t? a set ir o n l?in; t~1encc N3if20'06"W 50 fee t; thence N 49 0144 E 57 .. )9 t eet to the pmnt of beginning, containing 1.79 acres, more or l e ss. TI\ACT C Pan of the NW:iof th e NW~of Section 22, Tow nship :3 North, I~ang e 11 We st, Pulaski County, Arkansas ; mor e particularly d e scribed as follows: 13cgi n at the inters ectio n of the South r ight-of-wa y line of State Highway 107 and th e West boundary of said NWiNW}of Section 22; thence South along said Wes t boundary for a distanc e of 400 feet; th e n ce East for a distan ce of 500 fee t; thence in a north e aste rly direction to a point on th e South right-of-way line of General Samue ls I\oad which is 500 fee t from th e inte rs c:c rion of the so uth right-of-way line of Ge ne ral Samue ls Road :.1ncl the c ast right-of-way lin e of Staw Highway l07; thence Northwesterly along the South right-of-way 1inL' of Gen e ral Samuels Road for a clistancc or200 feet; thence SC,(f46'0J"W for a distance of 300 fee t; th e n ce N49':'48'55"W to a point on th e cast right-of-way lin e of State Highway No. 107; th e n ce in a Southwesterly direc tion along the East right-of-way Hn c of State Highway No. 107 to th e point of beginning, containing 5 acres , more or less . JACKSONVILLE PLANNING COMMISSION AGENDA Apr i l 12 , 1 98 2 1. RO...L CALL: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular PlanningJCorrmission Meeting-March 8, 1982 3. PRESENTATION: PROPOSED BUILDING A~DI PARKING FOR SQUARE ONE MINI MALL: (General Location; Back gate of L.R.A.F.B.) 4. HUD PROJECT/PRELH1INARY/General Location: Quince Hill Rd., area behind Swiss Village Apartments. ADJOURNMENT. JACKSONVILLE PLANNING COMMISSION ; :·' .j _.(].~~;-J REGULAR MEETIMG -APRIL 12, 1982 POLICE & COURTS BLDG . WEST MAIN STREET 7:30P .M. -9:45P .M. ATTENDANCE: OPENING RH1ARKS: Chairman Betts called the meeting to order at 7:30p.m. Those members present on ROLL CALL : Chairman Betts; Commissioners: Howard, Gwatney, White, Gray, McAlister, and Friedman. Commissioners: Wilkinson and Snethern were absent. PRESENT: 7. ABSENT: 2. QUORUM WAS DECLARED. Others in attendance: City Attorney Paul Groce; City Engineer Bill Owens; Mr. Bob Boyd of Housing Authority; Mr. Bill Canino of Canino, Jackson & Maune Architects and citizens interested in discussion of items on published agenda. APPROVAL AND/OR CORRECTION OF MINUTES: Comm . Gwatney moved, seconded by Comm. Howard, to approve the Minutes of March 8, 1982, as published. Approved by unanimous voice vote. MOTION CARRIED. PROPOSED BUILDING & PARKING FOR SQUARE ONE MINI MALL: City Eng. Owens addressed membership concerning above referenced item. This is a commercial development at the west gate of Little Rock Air Force Base. It is out- side city limits, but within our planning jurisdiction. The entrance will be onto Hwy. 107. The developer has complied with the appropriate number of parking spaces that are required. Engineer's office will work with developer to try to bring this mall as much into compliance as possible to city codes. After more discussion of said development, consensus reached was for City Eng. Owens to observe development to make sure building develo ,pment complies as much as possible with city sta!ndared, and to keep the commission updated on further development. HUD PROJECT/PRELIMINARY/General Location: Quince Hill Road area behind Swiss Village Apartments: Chairman Betts recognised Mr. Bill Canino representing the architect firm and Mr. Bob Boyd representing the Housing Authority were present for this item. Several citizens from the Quinc;e Hill Road were present for this item of business too. At some time back, the engineers office was requested to review the street improve- ments. They have been reviewed and the city has accepted the maintenance for the streets. Citizens from Quince Hill area discussed at length the problem with drainage they have in this area . A lengthy discussion ensued on the condition of Quince Hill Road, the added traffic this 100-unit complex would add and another outlet to this project going to John Harden Drive. Chrm. Betts assured the citizens they would try to find a way to get another outlet to John Harden Drive from this project, then called for a brief recess. RECESS CALLED: 9:15 p.m. RECONVENED: 9:25 p.m. Comm. White moved, seconded by Comm . Gray, to recommend approval of the preliminary plat s~bject to the stubbing out another street to John Harden Drive for a future road; that a letter be written to ~1r. J.C . George (owner D<f right~of-way property) asking he dedicate the right-of-way to John Harden Drive for this outlet. ROLL CALL: and the following voted aye, Comm: Howard, Gwatney, White, Gray, McAlister and Friedman. Motion received 6 affirmative votes and 0 negative votes. MOTION CARRIED. (Copies of this letter to Mr . George are to be sent to City Eng. Owens and to the Housing Authority .) PAGE TWO JACKSONVILLE PLANNING COM~1ISSION APRIL 12, 1982 Mayor James G. Reid stated he would commit the city forces (equipment and man- power) to work on the road, if the right-of-way was dedicated. ADJOURNMENT: With no further business before the commission, Chrm . Betts ruled meeting adjourned until next regular meeting. Respectfully submitted, ~ ~ ;j)Jf;,Mk_O&-oeora1l:Wa:tmon, Secretary JACKSONVILLE PLANNING COMMISSION JACKSONVILLE PLANNING COMMISSION A G E N D A · May 10 , 198 2 1. ROLL CALL 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting -April 12, 1982. 3, REQUEST FOR PUBLIC HEARING TO BE SET UP General Location:llOO West Main (Billboard) To be rezoned from C-2 to C-3 Petitioner; Ivy Hall 4. REQUEST FOR PUBLIC HEARING TO BE SET UP General location: 214 Military Rd. (Day Care Center) To be rezoned from R-1 to C-2 Petitioner Mr. & Mrs. Francis Brown 5. PROPOSAL BY: ~1r. Dean Martin Re. OUTSIDE CITY SUBDIVISION (PINE VALLEY) ADJOURm~ENT ATTENDANCE: OPENING REMARKS: JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -MAY 10, 1982 7:35P.M.-8:23P.M. POLICE & COURTS BLDG. WEST MAIN Chairman Betts called the meeting to order at 7:35P .M. Those members of the Commission answering ROLL CALL were: Commissioners Gwatney, Wilkinson, Snethern, Gray and Friedman. Commissioners Howard, White and McAlister were absent. Chai11man Betts answered roll call and declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Comm. Gwatney moved, seconded by Comm. Gray to approve the minutes of April 12, 1982 as submitted. There being no abjections -MOTION CARRIED. REQUEST FOR PUBLIC HEARING BE SET UP: GENERAL LOCATION: 1100 WEST MAIN (Bi 11 board) Petitioner: Ivy Hall Comm. Wilkinson moved, seconded by Comm. Gwatney to set up a public hearing for the purpose of rezoning the above mentioned location from C-2 to C-3. With unanimous agreement of commission ers present -MOTION CARRIED. REQUEST FOR PUBLIC HEARING TO BE SET UP: GENERAL LOCATION: 214 MILITARY RD. (Day Care Center) Petitioners: Mr. & Mrs. Francis Brown Comm. \IJilkinson moved, seconded by Comm . Gray to set up a public hearing for the purpose of rezoning the property above mentioned from R-1 to C-2. · There being no objections -MOTION CARRIED. OUTSIDE CITY SUBDIVISION lPINE VALLEY) Chairman Betts recognized City Engineer, Bill Owens, for comments concern- ing Pine Valley Estates Subdivision. Mr .. OWens gave an oral review of the subdivision and stated that toe proBlems concerning it were not new to the commission . He said that Mr . Dean Marti.n hads.tated that he was interested in purchasing the property which has not been recorded as a final platt. He suggested that due to the involvement of Twin City Bank of No. Little Rock who holds a first mortgage on toe property that we should possibly get in touch with them and get a clear understanding of their position i.n the matter. and also determine tft~ position of toe City of Jacksonville . Mr. Ken Suggs, Atty. representing Paul Woodward and some of the other property owners in the area,was recognized and stated th.at legal a.ction ba.s been taken in a suit filed Sept. 2, 19:81 against toe present developers of the subdivision . He also asked that toe commiss5on do nothli)ng until tl'iis legal matter is finalized. He pointed out that a Bill of Assurance is filed at the court house for Pine Valley Estates Subdivision thus setting some requirements. He al~o sa~d that the county has declined to do anything about the street situation due to the location of the subdivisjon with regard to the City of Jacksonville . JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -MAY 10, 1982 POLICE & COURTS BLDG. HEST MAIN ST. 7:35 -8:23 P.M. After discussion about the position of the City concerning this matter, Chairman Betts suggested that Atty. Paul Groce, City Atty. be asked to write a l2tter to Twin City Bank requesting a statement of their position in the matter and review the position of the City of Jacksonville as well: furnishjng the .commi~sion before the next regular meeting a written report on the Pine Vhlley Estates Subdivison. ADJOURNMENT: Commi$sioner Gwatney moved, seconded by Commi$sioner Gray to adjourn. MOTION CARRIED by common consent of thos~ present. Chairman Betts ruled the meeting adjourned at 8:23P.M. ~A~ ~M . Leonard, Secretary JACKSONVILLE PLANNING COMMISSION a ttac hmen t; 1 ega 1 desc ri pt ion 1100 WEST MAIN legal description 214 MILITARY ROAD ,, I\-· ,, LEGAL DESCRIPTION: REZONING FROM C-2 to C-3 CLASSIFICATION: PETITIONER; Ivy Hall (1100 West Main) Lot 7, Block 6, Crestview Addition, Jacksonville, Pulaski County, Arkansas. ABOVE REFERENCED REZONING PETITION SET UP FOR PUBLIC HEARING MONDAY, JUNE 14, 1982 AT 8:00P.M., POLICE & COURTS BLDG. W. MAIN STREET, JACKSONVILLE, ARK. UE6AL DESCRIPTION: (214 Military Road) REZONING FROM R-1 to C-2 CLASSIFICATION: PETITIONERS; Francis and Carol Brown The fractional Part of the S1/2, SW1/4, S29, T3N, R10W, Pulaski County Arkansas, more particularly described as follows: At the SW corner of a29, T3N, R10W, proceed East 925.2 ft. to the point of Beginning; thence N01 39'E 230.0 ft.; thence EAST 200.0 ft.; thence S 01 39'W 230.0 ft.; thence WEST 200.0 ft. to the point of beginning containing 1.056 acres more or less and subject to easements as shown. No improvements are shown. ABOVE REFERENCED REZONING PETITION SET UP FOR PUBLIC HEARING MONDAY, JUNE 14, 1982 AT 8:00P.M., POLICE & COURTS BLDG. W. MAIN STREET, JACKSONVILLE, ARKANSAS. End .--- 1 I 1. ROLL CALL JACKSONVILLE PLANNING COMMISSION AGENDA JUNE 14, 1982 2. APPROVAL AND/OR CORRECTION OF MINUTES (Regular Planning Commission May 10, 1982) 3. RE-DEVELOPMENT AT EASTSIDE MOBILE HOME PARK (EASTWOOD SUBDIVISION) (J.P. WRIGHT LOOP RD. 11 0utside City 11 Dan Shumate) 4. !RE-ZONING REQUEST (CORNER OF BLAKELY RD. & MAYFAIR) From f<-0 to R-3 ( C ec i 1 B r it ta i n ) 5. RE-ZONING REQUEST (FIRST UNITED METHODIST CHURCH) From R-1 to C-2 6. PRELIMINARY PLAT-Subdivision by Edward Smith (Originally Pine Cove Sub.) (PARKVIEW ADDITION PRELIMINARY PLAT) 7. PUBLIC HEARING: 8:00 P.M. (General location; 110 West Main (Billboard) Rezoning Request-from C-2 to C-3 -Petitioner Ivy Hall 8. PUBLIC HEARING 8:00 P.M. (General Location; 214 Military Rd. (Day Care Center) Rezoning equest -From R-1 to C-2 Petitioners-Mr. & Mrs. Francis Brown Information only -1 etter to Twin City Bank concerning -PINE VALLEY ESTATES ADJOURNMENT NOTE: Interim report on Pine Valley will be mai.led to Commissioners before June 14, 1982 meeting. (Paul Groce, City Atty .} ATTENDANCE: OPENING REMARKS: . ·:; )jt5c:_i JACKSONVILLE PLANNING COMMISSlON REGULAR MEETING -JUNE 14, 1982 7:40 P.M. -9:50 P.M. POLICE & COURTS BLDG. WEST MAIN Chairman Betts called the meeting to order at 7:40P.M. Those members of the Commission answering ROLL CALL were: Commissioners: Gwatney, Snethern, White, Gray & Friedman. Commissioners Howard, Wilkinson, and McAlister were absent at roll call. Commissioner Howard came in at 7:45P.M. A quorum was declared. Others attending the meeting were Chairman Betts, Bill Owens, City Engineer, Lula M. Leonard, Planning Commis·sion ·secretary, and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: . Commissioner White moved, seconded by Comissioner Gwatney that the minutes of May 10, 1982 Planning Commission Meeting be approved. There being no opposition the MOTION CARRIED. RE-DEVELOPMENT OF EASTSIDE MOBILE HOME PARK (EASTWOOD SUBDIVISION) Commissioner Betts recognlZed City Engineer Bill Owens at this time who made ex- planation concerning the preliminary plat of the proposed Eastwood Subdivision before the Commission. George West of West-Tripp & Associates, Inc. was recognized at this time. He stated that compliance would be made with water and sewer department regulations. He also said that the hydrant at the corner of the proposed street and Loop Rd. would be turned over to the City.' Bill Owens said he felt the Planning Commission could justify the concessions outlined in a letter from West-Tripp & Associates, Inc. as follows: 1. Street rights-of-way within the subdivision to be 40 feet in width in 1:ieu of the required 50 feet minimum: 2. One and One-half inch hot mix overlay on existing asphalt surface and no curb and gutter. 3. Surface drainQ.ge to be controlled with a shallow swale ditch where needed along the south side of Scott Drive with adequate sized cross drains at proper locations: 4. Scott Drive is essentially a dead end street approximately 860ft. in length. A waiver of the 500 feet maximum is requested: Commissioner Gwa tney moved, seconded by Commissioner Snethern to grant waivers 1,2,3 and 4 and approve the Preliminary Plat of Eastwood Subdivision with the understanding that the area be brought into the City limits as R-5. A ROLL CALL vote was taken. Those voting AYE: Commissioners: Howard, Gwatney, Snethern, White, Gray and Friedman. MOTION CARRIED. Mr. Dan Shumate commented that there are 32 lots and only 8 or 9 mobile homes on the property at this time. After a question from Commissioner White about drainage, Bill Owens, City En- gineer made the comment that he would check it completely before the Final Plat of the Subdivision is accepted. Mr. Owens also made comment about the street stating that his idea of it being in excellent shape would be an overlay of 2" of asphalt. PUBLIC HEARING: 8:07 P.M. 1110 WEST MAIN -BILLBOARD (Rezoning request from C-2 to C-3) City Engineer Bill Owens was recognized and commented that everything had follow- ed proper channels to this point for the rezoning request. PAGE 2 JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -JUNE 14, 1982 7:40 P.M .-9:50P .M. POLICE & COURTS BLDG. WEST MAIN Tommy Bond of Bond Consulting Engineer Inc. spoke representing Mr. Ivy Hall. He stated that there are no signs at present on the property except those advertis,ing Mr. Hall's repair business. He also said that the reason for the rezoning request was the height of the proposed ~1arl boro sign: thirty (30) feet. He gave the maximum width of the silhouette as four (4) feet. He added that the sign would comply with regulations which require a ten (10) ft. set back. Commissioner Howard moved, seconded by Commissioner Friedman to deny the request for rezoning 1110 West Main from C-2 to C-3 for the purpose of the Bill board. A ROLL CALL vote was taken. Those ~oting AYE: Commissioner Howard, Gwatney, Snethern, Gray and Friedman. Commissioner White voted NAY. AYE 5. NAY 1. MOTION CARRIED. REZONING REQUEST: 214 MILITARY RD., from R-1 to C-2. DAY CARE CENTER Mr. Francis Brown, Petitioner, passed out a Certificate of Survey on said property bearing the legal description and proposed intentions for the same to the Commissioners. Mr. Betts instructed those interested citizens in this item of business as to how the public hearing should be conducted. Mr. Betts recognized Bill Owens who presented the rezoning request of Mr. & Mrs. Francis Brown. He related that some time in the future Mrs. Brown plans to build a Day Care Center to be located on the east 60' of the legally described property before the council. He said that he did discuss with her what would need to be done to the trailer, which th~ Brown's had mbved .onto ~ portion of the property located on Military Rd., unrelated to the Day Care Center request, so it would no longer be classified as a mobile home. Mr. Betts made reference to a copy of a letter dated June 14, 1982, from Mr. & Mrs. Brown in which they stated: 11 This is to affirm that we are in agreement to make the mobile home to which we have permits for a permanent structure''. Mr. Owens stated that technically, they did not have the one permit needed; that being a building permit. He said that if the request for a building permit had been made, it would not have been denied. He said that he f~lt they had tried to comply with the regulations of the city so far. Mr. Brown stated that he proposed to leave the mobile home on the middle lot as sketched on the Certificate of Survey, but with the improvements that will comply to make it a permanent strutture. He also stated that the Mobile home has nothing to do with the Day Care Center, which will be on the east 60' of said property. He said as soon as possible he would make the improvements on the Mobile home; hopefully within the next few months. It was noted that Winrock, Woodbriar developer, owns a commercially zoned (C-2) property adjoining Mr. Brown's property. Mr. Brown stated that he planned a permanent structure for the Day Care Center. At this point Mr. Betts recognized Mr. Vince Winegardner, homeowner at #9 Collins Rd., Woodbriar Subdivision, spokesman for Woodbriar Homeowners Association (proposed), who submitted a written statement regarding the position of said homeowners in opposition to the mobile home located at 214 Military Rd. Mr. Betts stated at this point that the purpose of the Public Hearing was to discuss the rezoning of the east 60' of the Brown's property without regard to the mobile home. PAGE 3 · __ :: )),:~.\.t:) JACKSffiNVILLE PLANNING COMMISSION REGULAR MEETING -JUNE 14, 1982 7:40 P.M.-9:50P.M . POLICE & COURTS BLDG . \tJEST MAIN Mr . Betts ma _de note tnat this request from R-1 to C-2, ,i_f granted, would not be spot zoning due to the property owned by Wi.nroc k being zocned C-2 a 1 ready. Mr . Winegardner made reference to the zoning map of toe City and pointed out a number of poorly zoned areas in IIts opinion ~ At tnts ti:me Mrs . Yarbflougn of 208 Mi _litary Rd ., stated that petitions had been circulated sayi·ng that she was selling lots for mobile homes which is not true sne said . . Mr , Joon Dillon , #17 Woodbrtar . stated toa.t he felt he would loose money if the property ts rezoned commerc ia.l . There was discussion concerning two i;l,rea.s that were left commercially zoned close to Woodbriar and Southeastern ~ Mr . r. P. Wbite commented that the developers re- quested toe commercial zoning areas be set aside as sucb . He explained some of the ways toe planning commission arrived at tnetr decisions aBout rezoning in the City. He voiced tnat be would 1 ike to see ways improved in the area for informing new nome buyers aBout zoning. He also said that mobile homes had aided in the develop- ment of Jac ksonv tll e. A.t tots time Joyce Hays, #8 Georganne Circl.e, spoke in terms of decreasing the value of property in ner area if the motHl.e home is allowed to remai.n on Military Rd . She made mention of signatures from molt of the people living in the surround- ind area stati:ng their opposition to the Day Care Center. Said signatures were shown but not presented as permanent record . Mr . & Mrs . Joe Mclin spoke of desires to nave a quiet neighborhood and decreasing property va _lues if the mobl'le home is permi.tted in the area. Gary Lane, Woodortar Drive asted tnat the Commissi.on bel p in any way they could to preserve Woodbriar as it is. Edwa.rd Sawyer, #1 Georganne Cr ., pleaded tha_t toe Commi.ssi.on rlrot allow the :mobile ho me lef t -at 214 Military Rd .' At tots time, Mr . Betts informed toe Browns of their rights as petitioners with regard to the rezoning request during a short recess at 9:07 P.M. Mr . Betts called the meeting to order at 9:15P.M . Emma l'lale, #2 Collins Rd., expressed concern that the area stay residential rather ttian commerci:al . · An unidentified citizen stated that she felt that the homeowners had more to loose tna_n the community had to gain witn toe mobi.l e home in the a rea .. Commissi:oner Snethern made comment of the already zoned commercial property and stated toa_t toe commissions denial of the Day Care Center would not prevent the same from being built on toe sa td Win rock owned property. Donald Moring made menti.on of possible drainage problems in the area. PAGE 4 JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -JUNE 14, 1982 7:40 P.M. -9:50P.M . POLICE & COURTS BLDG.WEST MAIN There was some discussion about changing the already zoned C-2 property and consensus reached was that the owner would have to make such a request. Commissioner White made comment about Savers and their injection ·of different zoning requests in the Stonewall Subdivision, some single family, some multi-' ·I family and some commercial. At this point Bill Owens, City Engineer, made the point that if the Browns had come in and asked for a building permit, making the structural improvements necessary, making it a permanent structure, he would have given one. He said that a plot plan had not been submitted to his office requesting such a permit. Mr. Brown informed the Commission of his plans to make Jacksonville his home and of his intention to build a 2300 sq. ft. house on a part of his property located on Military Rd . He said he had already started improvements on the property. He said it was his intention to improve the value of the property in what he had done. He withdrew the petition for rezoning of the east 60' of said property from R-1 to C-2. The Public Hearing ended at 9:40P.M. The Planning Commissions Regular Meeting Continued. RE-ZONING REQUEST (CORNER OF BLAKELY RD.& MAYFAIR) Commissioner Snethern moved, seconded by Commissioner Friedman to set up a Public Hearing for the re-zoning of above stated property from R-0 to R-3. With the common consent of all commissioners, the MOTION CARRIED. The Public Hearing-8:00 July 12, 1982, Police & Courts Bldg. Jacksonville, Ark. RE-ZONING REQUEST (FIRST UNITED METHODIST CHURCH) Commissioner White moved, seconded by Commissioner Gwatney to set up a Public Hearing for the re-zoning of above stated property from R-1 to C-2. With the common consent of all commissioners, the MOTION CARRIED. Public Hearing set for July 12, 1982, 8:00, Police & Courts Bldg. Jacksonville, Ar. PRELIMINARY PLAT (PARKVIEW ADDITION -ORIGINALLY PINE COVE SUBDIVISION) Commissioner Snethern moved, seconded by Commissioner Gwatney to accept the preliminary plat subject to the City Engineers approval. With consent of all commissioners, the MOTION CARRIED. By common consent of all present, the meeting adjourned at 9:50 P.M. Respectfully submitted, ~L 7J, · d-&-?~ Lula M. Leonard Planning Commission Secretary NOTE : ADDITION to tl'le Minutes concerntng moti:on wtth regard to bi:ll board at 1110 West Main. After the moti:on, Mr . Betts stated for tne records that agreetng with the motion is an indication that the commissioners do not believe tt proper for billboards to be permitted along Main St ., and is not a capricious or arbitrary feeling . attachment: legal description (corner of Blakely R. & Mayfair} legal description (First United Methodist Church) LEGAL DESCRIPTION: REZONING FROM R-0 to R-3 CLASSIFICATION: CORNER OF BLAKELY RD. & MAYRAIR (Cecil Brittain) Part of the Southeast Quarter (SE~) of the Southeast Quarter (SE~) of Section Thirth-six (36), Township Three (3) North, Range Eleven (11) West, in Pulaski County, Arkansas, more particularly described as follows, to-wit: Starting at the intersection of the East line of Section 36 and the North right-of-way line of U.S. Highway No. 67; thence South 36° 53 1 West 185.0 feet along said North right-of-way line to a point, which is the East corner of a tract sometimes known as Lo~ 17, C~overdale Gardens (unrecorded); thenc8 continue South 36 53 1 West 124.0 feet to a point; thence North 50 45 1 W&st 727.4 Feet to the point of beginning; then5e continue North 50 45 1 West 127.6 feet to a point; thence South 45 06 1 West 126.0 feet to a point; thence South 46°46 1 East 178.1 feet to a point; thence North 54°38 1 East 25.5 feet to a goint; thence North 46°46 1 West 51.7 feet to a point; thence North 43 14 1 East 109.8 feet to the point of beginning, containing 0.42 acre, more or less. Now being known as Lot 10, Mabel McCain Addition of PUlaski County, Arkansas. LEGAL DESCRIPTION: REZONING FROM R-1 to C-2 CLASSIFICATION: FIRST UNITED METHODIST CHURCH Lots 7, 8, 9, 10, 11, & 12, Block 30, of Station Grounds at Jacksonville (Plat Book 2 Page 53); Tract 11 A11 , Harpole Addition to the City of Jacksonville (Plat Book 4 Page 167), all in the City of Jacksonville, Pulaski County, Arkansas. ABOVE REFERENCED REZONING PETITIONS SET UP FOR PUBLIC HEARING MONDAY, JULY 12, 1982 AT 8:00P.M., POLICE & COURTS BLDG. VJ. MAIN STREET, JAC,KSONVILLE, ARKANSAS. End LEGAL DESCRIPTION: REZONING FROM R-0 to C-1 CLASSIFICATION: NORTHSIDE CHURCH OF CHRIST Part of the NW~ of Sec. 17, T#N, R10W, in Pulaski County, Arkansas, more particularl) deacribed as follows, to-wit: dtarting at the NW corner of said Sec. 17; thence N 89 14' 23" E 316 0'· thence S 0 56' 23" W 860 0'· thence N 89 14'23" E 605 0'· 0 . ' 0 . ' . ' Thence S 1 29'23" W 573.7'; thence S 65 02'37" E 650.0', more or less to the point of beginning, said point being ERAFB boundary monument No.17; thence continu- ing S 65°02'37" t:'along a 1 ine common to the LRAFB Reservation and the property herein described, a distance of 77.37' to LRAFB boundary monument No.18, said monument No.18 being a point on the Westerly right of way line of Arkansas State Highway No. 161; thence Northeasterly along said WesterJy right of way line, a distance of 472.85 feet to an iron pin; thence South 78 11'18" West 210.62' tg an iron pin; being a point on the East boundary of LRAFB Reservation; thence S 2 05'42" West along a line common to the LRAFB Reservation and property herein described, a distance of 386.8' to the point of beginning, containing 1.34 acres, more or 1 ess. LEGAL DESCRIPTION: REZONING FROM R-0 to R-5 CLASSIFICATION: PART OF NORTHLAKE SUBDIVISION PHASE 111 Part of the Southeast Quarter (SE~) of the Northwest Quarter (NW~) and the Northeast Quarter (NE~) of the Southwest Quarter (SW~) of Section 27, Township 3 North, Range 11 West,: Pulaski County, Arkansas, more particularly described as fo 11 ows: Starting at the Southwest corner of the Se~ of the NW~ of Section 27; T-<1-N, R-11-W; thence N 0° 56' 15" E,0 10.68 feet; thence N 47 02' 37" E, 74.56 feet; thence N 0 50' 23" W, 410 feet; thence N 89° 09' 37" E, 30.0 feet to the point gf ~~~ i ~~ i ~6: 91h~~~~; \~:n~~' /~~ ~0' 1~~ ;, 0 W :e~~b. ~h~~~~; \~!nc~8' S 89° 09' 36" W, 30.0 feet; thence N 0° 50' 23" W, 160.0 feet; thence N 89 09' d7" E, 30.0 feet; thence N 0° 50' 2d" W, 120.0 feet; thence N 31 48' cP" W, 58.31 feet; thence N 0 50' 2d" W, 120.0 feet; thence N 89 09' 37" ~· 610.0 feet; thence S 80 50' 23" E, 420.0 feet; thence S 9 9' 37" W, 300.0 feet; thence N 80° 50' 23" W, 451.34 feet; thence S 89° 09' 37" W, 2d7. 04 feet; thence S 0° 50' '23" E<' 177.34 feet; thence S 60 50' 23" E, 485.32 feet; thence S 18 07' 07" E, 336.68 feet; thence S 0° 05' 23" E, 159.34 feet to the right-of-way of Redwing Ro~d; thence along a curve to the right whose delta angle is 24 34' 08", degree of surve is 8°19' 03", on a chord of 0 57 • 52 feet; thence S 23 43 I 45" W<' 100.82 feet; thence S 89 09' 37" W, 211.56 feet; thence N 0 05' 23" W, 268.84 feet; thence N 18° 07' 07" W, J42.89 feet; thence N 60 50' 23" W, 329.44 feet; thence S 89 09' 37" W, 142.26 feet to the point of beginning: Containing 15.5 acres, more or less. ABOVE REFERENCED REZONING PETITIONS SET UP FOR PUBLIC HEARING MONDAY, AUGUST 9tb, 1982 AT 8:00 P.M :, POLICE & COURTS BLDG . W. MAIN STREET , JACKSONVILLE, ARKANSAS . JACKSONVILLE PLANNING COMMISSION AGENDA JULY 1 2, 1 982 1 • ROLL CALL 2. APPROVAL AND/OR CORRECTION OF MINUTES (Regular Planning Commission Meeting June .14, 1 982) 3. REQUEST TO CLOSE A PORTION OF NEAL STREET (Bill OvJens) 4 . NORTHSIDE CHURCH OF CHRIST -REZONING REQUEST From R-0 to C-1 (Jim Peacock Realtors, Inc.) 5. PRE-LIMINARY PLAT (Mobile Home Park) LOOP ROAD, (Jim Peacock) 6. REZONING REQUEST (a part of NORTH LAKE SUBDIVISION) From R-0 to R-5 (Tommy Dupree) PUBLIC HEARINGS 8:00 7. REZONING REQUEST (CORNER OF BLA KELY ROAD & MAYFAIR) From R-0 to R-3 (Cecil Brittain) 8. REZOWENG REQUEST (FIRST UNI'rED METHODIST CHURCH) From R-1 to C-2 ADJOURNMENT ATTENDANCE: OPENING REMARKS: JACKSONVILLE PLANNING COMMISSION REGULAR MEETING-July 8~ 1982 7 : 4 0 -8 : 1 0 P. M. POLICE & COURTS BUILDING, WEST MAIN Chairman Betts called the meeting to order at 7:40 P.M. Those members of the Commission answering ROLL CALL were: Commissioners: Howard, Gwatney, Gray, McAlister and Friedman. Commissioners Snethern, White and Wilkinson were absent. Chairman Betts declared a quorum present. Others present 1-vere Bill Owens, City Engineer, Lula M. Leonard, ·s ±ty Clerk-Treasurer, Tommy Bond of Bond Engineering, Jim Peacock and other interested citizens and visitors. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner McAlister moved, seconded by Commissioner Howard to approve the minutes of June 14, 1982 ROLL CALL: those v o ting AYE: Commissioners Howard, Gwatney, Gray, McAlister, and Friedman. MOTION CARRIED. REQUEST TO CLOSE A PORTION OF NEAL STREET Bill Owens, City Engineer was recognized and stated that he had received two petitions from property owners, namely Gilbert L. White and Margaret C, Keaton of 1101 N. Gray and 1013 N. Gray respectfully, to close the Ne a l St. right-of way east of Gray Street. He stated also that he had contacted the Utility Oompanys and asked if they cared if the easement is abandoned. He said they requested that a 151' back line be reserved as easement because AP&L, General Telephone and Cable T.V. are all on it. He said that the rest of the Utility Companies said that they were not involved at all. v~. Owens also mentioned that is poses a ma intenance problem for the City Street Department. Commissioner Gray moved, seconded by Commissioner Friedma n to recommend to the City Council to close a portion of Neal Street with regard to the right-of-way east of Gray Street and the property revert to the adja c ent property owners. ROLL CALL: AYE: Commissioners Howard, Gwatney, Gray, McAlister and Friedman. NAY: 0. MOTION CARRIED. REZONING REQUEST -NORTHSIDE CHURCH OF CHRIST (From R-0 to C-1) Chairman Betts stated that the property in that general area is zoned commercial. Commissioner Gray moved, s econded by Commissioner McAlister to set up a Public Hearing August 9, 1982 for the rezoning of the Northside Church of Christ property from R-0 to C-1. ROLL CALL: AYE: Commissioners Howard, Gwatney, Gray, McAlister, and Friedman. NAY. o. MOTION CARRIED. PREI,IMINARY PLAT (Mobile Home Park Lots) LOOP RDAD Chairman Betts recognized City Engineer Bill Owens and Jim Peacock to address said request. r1r. Owens presented the preliminary plat which showed the developers intentions. He stated that the area was south of the drainage ditch on Loop Road and stated that it is outside the City limits. He stated that there would be one road into the Park maintained by the property owners, and the only part concerning the City would be an entry road into said park. Basically, he said it is fa r Mobile Homes and at a future date a request for annexation into the Gt t y as R-4 would be made. Mr. Betts asked about utilities to which Mr. Owens replied that utilities for the area proposed by the engineer for Mr. Peacock have gone to the Sewer and Water Dept. for study but are not approved as yet. He noted that the charge for each JACKSO:NVILLE PLANNING COMMISSION REGULAR MEETING -JULY 8, 19~2 ,1_(;:] 7:40-8:10 P.H. POLICE & COURTS BUILDING, WEST 1'1A.IN would be fifty per cent more due to location outside the City. He said that he had conversed with the Sewer and Water Dept. and had been given positive information toward approval anticipating annexation into our present systems. The question of lot width was posed and the proposed lots were ten (10) feet short of the requirement according to Jacksonville City Code with regard to Mobile Home Lot width. (Jacksonville City Code, Chapter 18.68 -Ordinance 213 - 1904, 1969-18.68.050 Chart No. 1 Demensional requirements.) Mr. Betts suggested that Mr. Peacock discuss the lot width with his engineer and come back to the Planning Commission at a later date. RErZONING REQUEST -NORTH LAKE SUBDIVISION Bill Owens, City Engineer stated that he did not see any problems with the rezoning request from Water or Sewer Department. Mr. Tommy Bond said that a fence, stated in the Bill of Assurance for Northlake, is now under construction. CommisSbner Gray moved, seconded by Commissioner Gwatney to set up a Public Hearing August 9, 1982 for the purpose of rezoning a portion of Northlake Sub- division from R-0 to R-5. The HOTION CARRIED by a unanimous voice vote of the Commissioners. PUBLIC HEARING: REZONING REQUEST (CORNER OF BLAKELY ROAD & MAYFAIR ROAD) (From R-0 to R-3) Commissioner Howard moved, seconded by Commi s sioner HcAlister to approve the rezoning request at the corner of Bla kely Road and Mayfair. ROLL CALL: AYE: Commissioners Howard, Gwatney, Gray, MCAlister and Friedman. NAY: 0. MOTION CARRIED. l'-1r. 0>-rens stated that he would check the building permit for the proposed housing to be built on the prop e rty to see that the requirements of the City Codes a r e me t. REZO NING RE QUEST -(FIRST UNITED METHODIST CHURCH) (From R-1 t o C-2) Commissioner Gwatney moved, seconded by Commissioner Mc Alister to approve the rezoning request of the Frist United Methodist Church from R-1 to C-2. ROLL CALL: AYE: Co mm issioners Howard, Gwatney, Gray, McAlister and Friedman. NAY: 0. MO TIO N CARRIED. ADJOURNMENT: There being no f urther business, with common consent of all present, t he meeting was adjourned at 8:10 P.l1. Refs:p)e ct.ftilly' s ubmitted, ct~ ~,_/~~JJ Lu la M. Leonard, CITY CLERK-TREASURER PLANNING COMMISSION SECRETARY attachment; 1 egal descrtpttton legal descn p 1.on tNorth.s.ide CIJ.ur.cb .of Corist) 111 ) ('N· tnr ke S.uodlv1.s .. 1.on P. hase . or . a ... JACKSONVILLE PLANNING COMMISSION AGENDA ------AUGILIST 9, 1982 1. ROLL CALL 2. APPROVAL AND/OR CORRECTION OF MINUTES (Regular Planning Commission Meeting July 12, 1982) 3. PARKVIEW ADDITION -FINAL PLAT -(Tim Daters) 4. LOOP ROAD ACRES -PRELIMINARY PLAT (Jim Peacock) 5. MOBILE HOME UPDATE (Bill Owens) PUBLIC HEARl NGS 8:00 P.M. 1. NORTHSIDE CHURCH OF CHRIST-REZONING REQUEST from R-0 to C-1 (acting agent -Jim Peacock Real tors, Inc.) 2. NORTHLAKE SUBDIVISION (a portion of) from R-0 to R-5 (Tommy Dupree) ADJOURNMENT JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -AUGUST 9, 1982 7 : 3 0 P • M. -10 : 0 4 P • M. , .. ::; ""'-~ 0 0LICE & COURTS BUILDING, -w-EM:~~IN ATTENDANCE: OPENING REMARKS: Chairman Betts called the meeting to order at 7:30P.M., August 9, 1982. Those members of the Commission answering ROLL CALL were: Commissioner Howard, Gwatney, Wilkinson, White, Gray, McAlister and Friedman. Commissioner Snethern was absent. Chair- man Betts declared a quorum present. Others present were Bill Owens, City Engineer; Paul Groce, City Attorney; City Clerk Lula M. Leonard, (Planning Commission Secretary); Tommy Bond, Bond Engineering; Tommy Dupree, a developer in North lake, interested citizens and members of the press. Mayor Reid came in during the meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Howard moved, seconded by Commissioner Gwatney to ap- prove the minutes as written. ROLL CALL: Commissioners: Howard, Gwatney, Wilkinson, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. PARKVIEW ADDITION -FINAL PLAT Mr. Betts recognized Bill Owens, City Engineer, who explained to the Commission that this final plat was earlier referred to as Pine Cove Addition and that requirements had been met with regard to pre- liminary plans. He suggested that the Commission, if they see fit to approve the Final Plat, do it subject to the posting of a bond in the amount of $41~000.00 to cover the cost of water and sewer improvements not yet completed. Mr. Tim Daters of Edward G. Smith & Associates stated that the addition is a four (4) plex development with a culdesac street. Commissioner Gwatney moved, seconded by Commissioner White to ap- prove the Final Plat of Parkview Addition effective the date the City Engineer is adequately satisfied that the required bond has been posted. ROLL CALL: Commissioner Howard, Gwatney, Wilkinson, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. LOOP ROAD ACRES -PRELIMINARY PLAT Chairman Betts referred to the minutes of July 8, 1982 with regard to previous request by Jim Peacock for approval of the Preliminary Plat of Loop Road Acres. Chairman Betts recognized Bill Owens, City Engineer, who made re- ferrence to a letter from Mr. Peacock's engineer with regard to a request made by Chairman Betts at the July 8th meeting of the Commission. Mr. Owens stated that all the drainage from east Jack- sonville passes just north of the proposed subdivision. Mr. Owens stated that the Floodway is about the first 300' of said property PAGE TWO JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -AUGUST 9, 1982 7:30 P.M. -10:04 P.M. POLICE & COURTS BUILDING, WEST MAIN and the last 200' of the lot is in the flood plain. He related that our rules and regulations would allow placement of mobile homes in the flood plain if the floor is elevated to a certain 'height requirement, which the petitioner, Mr. Peacock has agreed to do. Mr. Owens stated that he had contacted t he county and varified that they would allow 50' lot with a 10' side yard. Mr. Betts mentioned possible annexation into the City at a future date per the Juiy minutes of the Planning Commission which should be taken into consideration in the Commissions decision cone e-.r'.n- ing said request. There was discussion concerning ~granting of wavers, which Paul Groce, City Attorney, stated is legally done by the Board of Adjustment. Commissioner Gwatney moved, seconded by Commissioner White to grant approval of Loop Road Acres Preliminary Plat subject to the grant- ing of a waver by the Board of Adjustment and to recommend to the Board of Adjustment that they grant a waiver as to the lot widths of said Plat. ROLL CALL: Commissioners: Howard, Gwatney, Wilk- inson, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. PUBLIC HEARING: 8:00 P.M. NORTHSIDE CHURCH OF CHRIST -Rezoning Request from R-0 to C-1 Chairman Betts recognized Mr. Jim Peacock who stated that the property is being considered as a Day Care Center and therefore rezoning is desired. Bill Owens, City Engineer related that the local area does have commercial zoning to the north and east of the property and backs up to the Little Rock Air Force Base. Commissioner Howard moved, seconded by Commissioner Freidman , -to recommend to the City Council to approve the rezoning request of the Northside Church of Christ from R-1 to C-1. ROLL CALL: Com- missioners: Howard, Gwatney, Wilkinson, White, Gray, McAlister and Friedman voted AYE.. NAY 0. MOTION CARRIED. NORTHLAKE SUBDIVISION -Rezoning request Chairman Betts introduced Mr. Tommy Bond the section to be rezoned in Northlake. line housing is proposed. from: R-0 to R-5. who explained by a map He stated that zero lot City Enginee~ Bill Owens was recognized at this time and stated that the area requested rezoned is basically undeveloped as of right now. Mr. Bond stated that there is not a Bill of Assurance for this area; that it is not in a recorded plat. PAGE THREE JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -AUGUST 9, 19$2 ~ c~ 7:30P.M.-10:04 P.M. · ._,.'1 .• \>);,rJ POLICE & COURTS BUILDING, WEST ~AIN Steve Berkshire, a property owner at #4 Raccoon Court, said there seemed to be a conflict as to whether or not the area under ques- tion is in Northlake. Spokesmen for the property owners were namely Greg Smith, a proper- ty owner at 120 Kodiak and Linda Laney a property owner at 520 Ricky Raccoon. Mrs . Laney said that a portion of Oneida Street, Phase III is recorded as Mr. Smith presented a copy of said record. Mr. Bond acknowledged correction of the two (2) lots in Phase III on Oneida as being under the Bill of Assurance for Northlake. With regard to a Preliminary Plat, he said approval was only good for one year. Linda Laney stated that she is opposed to the building of the condominiums because of possible loss in property value to home owners in the area. She said that eighty-five (85) property owners had signed a petition in opposition to the rezoning of the area. Mr. Greg Smith stated that the difference in the standards of R-0 and R-5 with reference to building is great and he felt would lower the present status of housing in the area. He noted the difference in parking fbr the R-5 housing as well as being one parking space per unit. Mr. Amos Smith of 113 Ricky Raccoon, a property owner, said that he was told by A. C. Garrison the builder of his home that a swimming pool and lake would be provided for the home owners which has not been done. He said that the rezoning of the area would cost him ten (10) to --fifteen (15)· thousand dollars within a two (2) year period. Adrian Brietzke, a homeowner, said she had personnally tried to contact Mr. Dupree with regard to meetings of the Northlake Pro;._ perty Owners Association and there had been no response from him. Commissioner Gray gave an opinion on the devaluation of property stating that a condominium does not necessarily devaluate property , •.' Mr. Betts stated that the opinion rendered by Mr. Gray was valid and made reference to an instance known to him concerning town house type properties that would definitely not lower ~ther pro- perty values. Mr. Betts also stated, with regard to increased traffic, that it would carefully be taken into consideration by the Commission. There was discussion with regard to drainage which Mr. Owens, City Engineer, said he would definitely study. PAGE FOUR JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -AUGUST 9, 1982 7:30P.M. -10:04 P.M. POLICE & COURTS BUILDING, W. MAIN Mr. Bond stated that the total rezoning request covers fifteen (15) acres. Commissioner Gray asked about codes with regard to rezoning more than five (5) acres per request. It was noted by Mr. Bond that this ruling was made when zero lot line housing was first consider- ed by builders. Mr. Bond stated withdrawal of two -(2) lots on Oneida from the rezoning request. Commissioner Gray made mention of an Ordinance limiting the zero lot line buildings to two hu n dred (200) feet and then a gap. A discussion followed between Mr. Tommy Dupree and the Northlake home owners. He explained his position as a developer with regard to the economy and his desire to fulfill the desires of the home- owners. He .commended the pride of the property owners in caring for their area. He said d~e to the fault of no one things have changed in the housing market making it impossible for new home owners to pay $1,000.00 or more a month for a house payment. He stated that as the reason for other types of housing. City Engineer Owens wa~ asked if the City could legally issue a buildirig permit in Phase III. His reply was that it could not. Chairman Betts asked Mr. Bond about future access to the property. Mr. Bond named possibl:~:l Elkhorn and Timberlake. City Engineer Owens named Oneida as an arterial Street required in the beginnihg of the subdivision with the potential of caring for as many as five (5) thousand cars a day. He said there was no problem with Redwing Road that it is a collector Street. Mr. Marvin Faulkner of 520 Onieda pleaded with the ,C,ommission to turn the rezoning request docwn. Commissioner Gwatney stated that he felt that the intentions of Mr. Dupree eight (8) years ago were for the best quality :Single family development but tnat toe economy suco a~ i:t i.s l'la.s Q,l.tered those plans . Chairman Betts stated that the decisions of the Commissioners would certainly include a feeling of obligation to the property owners but also, a consideration would be made to the developer ~ if he follows legal channels in making his requests to the Commis- sion. He suggested to Mr. Bond that the rezoning request sh6uld be withdrawn since it is in violation of a City Ordinance with regard to the number of acres involved and that a new request be submitted for the rezoning of five (5) acre tracts which will com- ply with the Ordinance. Mr. Bond withdrew the fifteen (15) qcre tract rezoning request. PAGE FIVE JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -AUGUST 9, 19_8'4 1.(;9 7:30 P.M. -10:04 P.M. POLICE & COURTS BUILDING, W. MAIN Commissioner Gray moved, seconded by Commissioner Gwatney to set up a public hearing for the rezoning of five (5) acre tracts from R-0 to R-5 in Northlake Subdivision on September 13, 1982 at 8:00. ROLL CALL: Commissioners: Howard, Gwatney, Wilkinson, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. Commissioner White encouraged the property owners and the developer to try to communicate with each other which he said could resolve many problems. He voiced concern for their interests and those of the entire community. Commissioner Wilkinson suggested that they get involved as a citizen of the community as a whole. There was a short recess from 9:40 to 9:50 P.M. Chairman Betts referred back to the agenda and asked for the MOBILE HOME UPDATE. City Engineer Owens suggested that it wait un- til the next regular meeting. At this time Commissioner Friedman posed a question concerning a driveway on 161 with regard to a duplex built by E. Ray Smith. City Engineer Owens stated that the Street & Engineering Committee had granted access to Mr. Smith and that a record of minutes of said meeting granting the request by Mr. E. Ray Smith had been presented to the City Council in a regular Agenda packet of July 15, 1982. A discussion followed concerning the authority of such committees. Comments were that perhaps a decision of the Planning Commission and a City Ordinance may have been violated. Chairman Betts suggested that City Engineer Owens present a letter with information leading up to the present time concerning the issue. Commissioner Friedman moved, seconded by Commissioner Gwatney to adjourn. With common consent of all, the meeting was adjourned at 10:04 P.M. Respectfully -submitted, ~'/JJ.~ Lula M.-Leonard PLANNING COMMISSION SECRETARY 1. ROLL CALL JACKSONVILLE PLANNING COMMISSION A G E N D A SEPTEMBER-13,-1982 2. APPROVAL AND/OR CORRECTION OF .MINUTES (Regular Planning Commission Meeting AUGUST 9, 1982) 3. UPDATE -QUINCE HILL ROAD HUD PROJECT (City Engineer Bill Owens) 4. · REPLAT OF LOTS 1 & 4 CRESTVIEW (B. J : Burroughs) (Information avail-" abl eat meeting) 5. REVIEW ORDINANCE 613 -ORDINANCE 618 (City Engineer Owens) 6. GENERAL DISCUSSION -ZERO LOT LINE (City Engineer Owens) PUBLIC HEARl NG 8:00 1. REZONING REQUEST-NORTHLAKE SUBDIVISION (five {S).acre treact) (from R-0 to R-5) ADJOURNMENT I' I I JACKSONVILLE PLANNING COMMISSION ~. ...Qi ~..., REGULAR MEETING -SEPTEMBER 13 .,: ,L'9 9''ZL 7:35P.M. -10:00 P.M. POLICE & COURTS BLDG. WEST MAIN ATTENDANCE: OPENING REMARKS: Chairman Betts called the 'meeting to order at 7:35P.M., September 13, 1982. Those members of the Commission answering ROLL CALL were: Commissioners : Howard, Gwatney, Wilkinson, Snethern, White, Gray, McAlister, Friedman and Chairman Betts. OtherS present for the meeting were Mayor Reid, City Attorney Paul Groce, City Engineer Bill Owens, Keith vaughn, Tommy Bond of Bond Engineering, City Clerk Lula M. Leonard, numerous city employees, i n terested citizens and members of the press. APPROVAL AND /OR CORRECTION OF T HE MINUTES: Commissioner . Gwatney and Gray requested that the minutes be corre'cted as follows: Chairman Betts introduced Mr. Tommy Bond who explained by a map the section to be rezoned in Northlake. He stated that zero lot line housing is proposed. Commissioner Gray gave an opinion on the devaluation of property stating that a condominium does not necessarily develuate property. Commissioner Gwatney stated that he felt that the intentions of Mr. Dupree eight (8) years ago were for the best quality single family housing development b ut that the economy such as it is has altered those plans. - Commissioner Wilkinson moved, seconded by Commissioner McAlister to approve the ~inutes of August 9, 1982 with the above corrections being made... By a unanimous VOICE VOTE, the MOTION CARRIED. UP-DATE -QUINCE HILL ROAD HUD PROJECT Chairman Betts recognized City Engineer Bill Owens who stated that the project went out for bids August 31, 1982. He said that. the plans used i ·n the bidding' were approximately . the same as those submitted to the Commission for pre~liminary approval, e~cept the roadway to the east. The outlet road is due to be co~pleted before the project itself. He noted that the apparent low bidder came in at 2.8 million dollars and is now in the hands of HUD. The T. P. White expressed concern of the Quince Hill residents re- garding the traffic on existing roads in their area stating that he felt that the commission had made a committment to press for -the a d ditional road as soon as possible when they approved the project. Bill Owens stated that intentions at this time are to make the secondary road now in the process of being dedicated, a gravel road and wait until construction is almost complete before applying asphalt. He. stated that the city would not be responsible -for the gravel but would be responsible for the work r ·egarding it. PAGE TWO JACKSONVILLE PLANNING COMMISSI ON REGULAR MEETING-SE P TEMB ER 13,1982 7:35 P.M . -10:00 P.M. POLICE & COURTS BLDG. WEST MAIN Chairman Betts stated the seriousness of the road with r eg ard to the project requesting that the Commission be kept informed concerning it. He said that he felt the contractors should us~ it. REPLAT OF_ LOTS 11.,3,4 CRESTVIEW .(B. J . BORROUGHS) Chairman B~tts recognized Tommy Bond who represented Mr. Burroughs. Mr. Bond pointed out th~ area as facing Jackson Street and stated ~ that the proposed building ~s for a condomin i um ~ero lot line office complex. Mr. Bond stated that all streets and utilities exist around it~ He said that t he Water and Sewer Departments had approved the plans that were submitted to them and that city codes are met. City Engineer Owens noted that the item was brought before the Commis- sion in May of 1981 with the concept of zero lotline commercial. Mr. B. J. Burrou ghs stated that the firewall would be brick and c ±nder block and the exterior of wood with fir~ treated material over wo od. Commiss io ner White moved, seconded by Commissioner Gwatney to approv e the Replat of Lot one (1) thru four (4), Block eight (B) Crestview Addition. By a unanimous VOICE VOTE, MOTION CARRIED . DEVIATION IN AGENDA: PUBLIC HEARING scheduled for 8:00 was held at ~:53 there being no objections. REZONING RE QUEST -NORTHLAKE SUBDIVISION (five (5) acre tract from R-0 to R--: 5) Council representing No rthlake Homeowners was At torney Keith Vaughn. There was a mome ntus delay due to Mr. Tommy Dupree propert y -owne~ making the rezoning request not being in the room. Chairman Betts recognized Mr. Tommy Bond who pointed out to the Commis- sion the five (5) acre tract for rezoning on a map. He s ~~ted that the purpose of the rezoning is to build zerb lot line homes. At this time, the point that said item for ~ezoning could be legarly discussed was varified by t h e City Attorney. Mr. Bond -stated one basic difference with the zero lot line housing is that there is no common area owned, that they are single family hom~s. He said that similar housing, partially framed, is under con- struction in the Timberidge area. He added that there we re no speci- fics on what would be built on the tract up for rezoning but that they would comply with R-5 regulations. PAGE THREE JACKSONWILLE PLANNING COMMISSION REGULAE, MEETING :._ SEEJ::. 13, 198'2·,· ,1_7/J 7:35 P.M. -10:00 P.M. BOLICE & COURTS BLDGQ, W. MAIN Commissioner Gray posed a question about going first to the noithernmost five (5) acres with a rezoning requestr Mr. Bond replied that economic feasibility determined the location of the rezoning reques.t. He also stated that there. probably would be other five (5) acre tract requests -made if th~ zero lot line venture proves to be a success. He said that Timberiqge . was no·t originally in the development of Northlake and was .zoned commercial in the original planning scheme of Northlake for a neighborhood shopping center. Planning Commission had rezoned Timberidge to R-5. • • I '• ' ··' • He made mention of some zero lot line housing on Loop Road in the City and stated that they were not of the same quality anticipated in the Northlake area. He also stated that the intent of the de- veloper is r10t rental property but zero lo·t line homes for sale. There was some discussion concerning the granting of building.per..:. mits in Phase III 'in the Redwing Drive area due to some curb and drainage work not qompleted to the City's satisfaction. City Engineer Owens sta·ted that he has information from the contractor on file from approximately a year and a half ago agreeing to com- plete the work. Mr. Bond made a point that sometimes a developer is blamed for ~orne­ thing that he in good faith contracted with the contractor to do, and the contractor does not live up to the agreement. Comnissioner Gray replied that he felt the responsibility of the developer i.s still there making reference to the one year quara.ntee on a municipal contract. He stated that the Planning Commission is charged in making .proper judgements concerning present and future planning; .t-rying to allow for new things ·without get'ting .:i..n the way of things already established. He said tha·t he felt that the preliminary plat in this particular instance was a good one. Mr. Bond making reference pointed out that at this time the zero lot line seems to be a .viable concept making reference to housing in the eighteen hundreds with twenty-five (25) ft. lot widths stat- ing that it is an .old concept which is being revived. Co~~issioner Gray asked whether or not there is control over a Bill of Assurance by the Commission. Mr. Bond stated the procedure of plat presentation to the Commission thus: sketch plat, preliminary plat, final plat, and building per- mits, not~ng that in this there are four (4) opportunities for' review of what happens in an area. PAGE FOUR jACKSONVILLE PLANNING COM.L"\fi S S I ON REGULAR MEETING -: SEPT. 13, 1982 7:35 P ~M o -10:00 PoM. POLICE '& COURTS BLDG., WEST MAIN Mr. Betts requested an answer concerning the Bill of Assurance. Mr .• Bond stated .that he was not sure. City Engineer Owens stated that .the Corrunission does in fact have control over .the Bill of Assurance making not? of a fence asked for by the Planning Commission in the Tim.beridge area which will be reviewed before the final plat is approved. He said that the county will not record a final plat without a Bill of Assurance. It was noted that requests could be made with regard to a Bill of Assurance in the preliminary plat stage. Mr. Owens stated that inspection methods are better now with re- gard to contrac-tors and developers. He said at the present time a bond is not required but that a bondwill ,possibly be required in the near future to assure·proper .performarice from -contractors and developers with regard to city requirements. He s ·tated that it is very hard to deal with a contractor after he has been paid for a job.· At present he said that a bond is sup- posed to be posted when the streets were not completed. Mr. Bond stated with regard to possibly going to the far side of the area with a five (5) acre tract rezoning request that the cost of one thousand (1,000) ft. of street and utilities would have to be taken into consideration. Mr. Bond stated that the same type and quality of construction in the Timberidge area is the intent for construction in the area up for rezoning. He also. said that the approximate square · fOotage of tho~e hOmes is 1,240 •• · - Chairman Betts recognized Attorri~y Keith 'Vaughn, representing the Northlake property owners, who stated that area was zoned for single family detatched dwellings. He numbered the property mvners as one hundred (100) a n d twenty (20). He made note that part. of the appeal of the area ,was the single family detatched dwelling aspect. He said .that the exc1usive listing agent for. the Dupree Co., who sold the homes in Northlake used the single family detat- ched dwelling aspect Ln selling the area to prospective buyers. He noted the responsibility of the Planning Commission in providing stability of land use, making ~.point of the desire of the land- owners in a particular subdivision supporting a change in rezon- ing. In this instance~ .he said, the property owners do not support the change. He said that the property has been zoned R-0 for five (5) years" He submitted a list of one hundred six (106) signat~res representing eighty-nine (89) percent of the property owners. "- PAGE FIVE JACKSONVILLE PLANNING _~COMMIS SION REGULAR MEETING -SEPT. 13, 198!?:,' -J.':?5 7:35 P.M. -10:00 P.Mo POLICE & COURTS BLDG., WEST MAIN He stated that the property owners do not feel that there is no need for R-5 zoning in the city but do question where it should be located. He said that obvious objections in the Northlake area are increased traffic and decrease in property value as well as the minimum requirement of eight hundred{800) sq. ft. houses and lot size of twenty (20) by eighty (80) ft. He expressed the de- sire of the property owners that the developer follow thru on the or·iginal plans for the subdivision. He stated that there are no unsold hous e s in the subdivisione He asked on behalf of the property owners that the request for re- zoning be denied~ Mr. Vaughn stated that in a meeting .with Mr. Dupree and the pro- perty owners recently a ' request was presented to him to wait and see the resul'ts concerning sale of homes in the Timberidge pro- ject before making the rezoning request to which he would not agree. It was stated that the minimum existing housing requirement for single family dwelling homes in Northlake is fifteen hundred (1,:500) sq. ft. with a double garage. Mr. Vaughn stated that in the Timberidge area there is one parking space per house •.. - There was no exact specifications ,of proposed construction on the . property up . for rezoning by .Mr. Dupree, City Engineer Owens stated that there had been approximately twenty- four (24) single ~family dwelling building permits issued in the las'c year. Commissioner Gray moved,-seconded by Commissioner Howard to re- commend to the City Council disapproval of the request to rezone from R-(rl to R-5 the incidated five (5) acre tract in Northlake Subdivision submitted by Mr• Tomny Dupree. ROLL CALL: Commissioners: Howard, Wilkinson, Snether, White, Gray, McAlister, and Friedman voted AYEo Commissioner Gwatney voted NAY. MOTION CARRIED. The Public Hearing ended at 8:45 P.M. at which time Mr . Betts de- clared a short recess. RECONVENED: 8:55 P.M. Commissioner Wilkinson was excused due to prior committments for the remainder of the meeting. PAGE SIX . JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -SEPT . 13, 1982 7:35 P.M. -10:00 P .M. POLICE & COURTS BLDG. WEST MAIN REVIEW OF ORDINANCE 613 AND ORDINANCE 618 Chairman Betts recognized City Engineer Bill Owens who made re- ference to information mailed to the Commissioners approximately two weeks prior to this meeting. He stated that his position con- cerning the particular dr i veway on Highway 161 which has prompted the review of .said Ordinances has always been a negativ~ ohe. He said that h is opposition and that of the Planning Commission was overridden by a review committee set up by the Ordinance itself.· He said the Committee had taken ~imilar action with regard to a re- quest on February 8, 1982, by Savers Development Park .Ln waiving some of the standards a s set up in the Ordinance. He mentioned that he had talked with the Arkansas Highway Department with re- gard to restrictions concerning driveways. Mr. Owens stated that in the process of writing the Ordinance he had contacted the city of Hot Springs for input and that on the advice of the City Attorney Paul Groce the appeals procedure was set up. He noted that on October 13, 1980 the Planning Commis- sion recommended to the .City Council to approve the Ordinance and that on November 11, 1980 the Council unan imously approved the Ordinance. He gave the order of events that led up to the granting of waivers by the Street a n d Engineering Committee with regard to the reqqest by E. Ray Smith concerning said driveway on Highw~y 161. He noted that minutes of the meeting by the Street and Engineering Com..rnittee were on the .Council agenda, and that on 7/16/82, permission to build the driveway was gr~qted. ~ City Engineer Owens made reference to a list of standards requested by Commissioner Friedman used· in determinations concerning decisions " -; ~ . . . of the Engineering . Dept;. He restated that he had denied the drive- way request. He said that, in his opinion and that of the City Attorney, the Ordinance ·had been followed. Chairman Betts stated that the report he had requested Mr c · Owe n s send ·to the Commissione:r:s concerning the order of events with r.ealtion to the driveway were satisfactory. He made a request that if there were no objections from the Planning Comm~ssion the item be closed. Commissioner Snethern at that point posed the question of who made the final decision with regard to appeals. Mr. Owens stated that the decision of the Street and Engineering Committee was presented as information to the Planning Commission that according to the Ordinance the Street and Engineering Committee have the final decision. He said that he felt the minutes of the Street and Engineering Committee should probably PAGE SEVEN JACKSONVILLE PLANNING COMMISS;EO~t77 REGULAR MEETING -SEPT. 13, 1982 7:35 P.Mo -10:00 P.M. POLICE & COq~TS BLDG. -W. MAIN have been pres~nted to the Council for approval instead of informa- tion. Commissioner White voiced that he was not aware of the Ordinance and that he felt the Ordinances had not been properly codified.· Mayor Reid explained that the ordinanc e s are updated on an annual basis and the reason for delay in codification has been due to the amount charged by the Municipal Leaque ·for said update. Commissioner~ White asked if we could afford to be behi n.d with the codification. He stated that he felt the Ordinances should be updated at l .east· every six months. Mayor Reid stated that the Ordinances are now being codified on our computer and can be updated as they are passed with this method. Mayor Reid stated that he would -accept -the responsibility of ·the Ordinances not being updated at this time. Commissioner White stated that he felt the Ordinance is bad in . setting forth a two or three man corrunittee that can o v erride the Planning Commission. Chairman Betts stated that the committee is an appeals group. Commissioner White stated that there seems to be a set of double standards even in interpretation of the Ordinance -with reference · to standards used by the Engineering Department in making decisions with regard to driveways and etc. He stated that he was not after any individual in taking issue in the matter, just that he did not see the point in passing ~nything as a Planning Commission if a $Ub'-COrn:ffiittee could rescend or deviate f:r;om it. He stated that he felt such c ommittees should be sub-servc:J.nt to the City Council. Mr. Snethern stated that his understanding was that after the Street and Engineering Committee deals with an issue the next step is to the City Council not the Planning Commission. Commissioner Friedman stated that the driveway is illegal because the Council has not accepted the report of the Street ~and Engineer- ing Comrttittee. Chaipman Betts said that he did not have a copy of the Ordinance under discussion in his code book but that he had gone to City Hall and read the Ordinance. Commissioner White again stated that he did riot know the Ordinance existed. He also said that he felt Chairman Betts should have made ',Xjl t")'~ /.,.h .. >:! 0 PAGE EIGHT JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -SEPT. 13, 1982 7:35 PaM. -10:00 P.M. POLICE & COURTS BLDG.-W. MAIN the Ordinance known to the Commission to which Chairman Betts replied that he had. City Engineer Owens stated that he was not against an appeals procedure because he felt there were some circumstances when you cannot write rules and regulations to cover everything. He said he respected the authority of the Street and Engineering Committee even though he did not agree with them on this particular matter. Mr. White stated that on March 8, 1982 information concerning the decision of the Street and Engineering Committee was brought to the Planning Commission by City Engineer Owens and denial of the driveway was approved. There was a discussion between Chairman Betts and Commissioner White concerning interpretation of the Ordinance with regard to the function of the Street and Engineering Committee in the setting of standards and their relation to the Engineering Dept. Mr. Owens stated that Ordinance 613 and 618 has nothing to do with water and seW •2r requirements. Commissioner White stated that it was his understanding that the Council was responsible to the voters of the City of Jacksonville, ·that the Planning Commission was subject to the Council and that he did not feel that the voters would be interested in a committee who could override the -Planning Commission or the Council. Mayor Reid stated that maybe the .. solution is that the Planning Commission recommend to the Council to change the Ordinance which he said the Council had passed as recommended by the Commission. Chairman Betts stated that the Engineering Dept., members of the Street and Engineering Committee as representatives from the Council and a months review of the Ordinance by the Planning Commission took place befDre the Ordinance was passed by the Council. City Engineer Owens stated that ing Co~~ittee should be voted on the Ordinance was not that they the decision of Street and Engineer- by the council; that the intent in override the governing bodies. Co~~issioner McAlister made the point that in this instance the Street and Engineering Committee has overridden the Planning Commis- sion and the question · was raised as to why have a Planning Commis- sion if such power rests in the committee. Commissioner White said he did not think the action of the Street and Engineering Committee was intentional with regard to the PAGE NINE JACKSONVILLE PLANNING COM~1IS SION REGULAR MEETING -SEPT. 13, l_98 2.ft.';'-'2) 7:35 P.M. -10::.00 P.M. POLICE & COURTS BLDG. -W. MAIN to the Commission in violation of ethics, but that it had happen- ed o Commissioner Gwatney stated that he felt there had to be a point of flexibility in the Commission in offering some type of ap- peals process, and that approval or disapproval by the City Council would complete the cycle of the appeal. City Engineer Owens read from Ordinance 613, 12o24.030 thus: "Any Owner wishing appeal from any part of these standards may appear before the Street and Engineering Committee. After hearing the testimony of the Owner and the City Engineer, the Street and Engineering Committee may vote to either grant or deny the request. The result of this vote shall be reported to the City Council at their .next regular meeting. The vote on any appeal is sustained when the Street and Engineering Committee report is acaept.ed by the City Council." He stated that if a roll call vote had been taken concerning the report of the Street and Engineering Committee with regard to the driveway access onto Hwy. 161 there would not have been any pro- blemQ Commissioner Betts asked Alderman Knight what her feelings were concerning the. information from the Street. and Engi.neering Commit- tee in her Council Agenda. She stated that she -felt the informa- tion was a part of a procedure with regard to the driveway. She . said she felt the Committees were feasible and that approval or disapproval of their dec"isions actually made the Council the appeals authority, but that in this instance things got out of hand. Commissioner Friedman posed a question to City Engineer Owens con- cerning the report -of the Street and Engineering -Committee. He stated that the problem of the driveway is that it is thirty (30) ft. shy of being within the code and that there was no notification in the minutes recommending that it be two-hundred and seventy (270) ft. He read the four requirement which are as follows: 1. Culvert to be sized by Engineer. 2. Permit to be obtained from Arkansas Highway Dept. 3. Savers to build next entrance 300' from center line of this driveway. 4. Design to be approved by City Engineer. They also requested that Mr. Smith have in his lease agreement a statement to the effect that tenants do not back out onto Highway PAGE TEN ._.:;·.;! 161. JACKSONVILLE PLANNING COMMISSION REGULAR MEETING 2 SEPT. 13, 1982 7~)5 PoMo -10:00 P.M. POLICE & COURTS BLDG. -W. MAIN City Engineer Owens explained that at the time of the meeting there was a drawing of the location of the driveway in ~elation to the plat itself. Commissioner Friedman stated that he felt that the Council should have been made aware of the thirty (30) ft. w~er. There was some discussion regarding committee reports going back to the body setting them up and in what form they should be pre- sented7 whether as an informatilon item or an item of approval or disapprovalo A consensus was reached that the procedure on this particular Ordinance had broken down. City Engineer Owens stated that placing the item of the driveway on the Agenda as information only was a mistake, and that from now on such reports will be voted on. Chairman Betts noted that there may not be court action with re- gard to the driveway due to the fact that the majority of the Council may agree with the decision o£ the Street and Engineering Committee. At this point Mayor Reid stated that he would put the repcrt of the Street and Engineering Committee on the Council Agenda for their approval or disapproval. Commissioner White restated that he felt there should be clarifica- tion concerning the authority of committees· over governing bodies so the same thing that has happened again. He also said that he felt the Planning Commission was not needed if such committees could override anything the Commission does. With regard to Ordi- n~nces he said that it was his understanding that when a minimum was set, that it had to be met, unless there was an ammendment to the Ordinance by the Council. He noted that there have been sub- dividers over the years who have spent thousands of dollars com~ pl'ying with the Ordinances who have contacted him concerning this particular matter with questions as to why it was permitted. City Engineer Owens stated that in the past there had been p-eople who requested to develop houses by metes and bounds on undev:eloped lots which requests were brought to the Planning Commission .and the Commission approved it. He said that Mr., E., Ray Smith brought a previous request of an unplatted piece of property before the Com- mission containing three or four acres which showed the layout of the lots at the time he built the first duplex. And due to the fact that the property is unplatted each building permit is brought J;.>efore the Planning Commission, he said, for approval or disapprovaL PAGE ELEVEN JACKSONVILLE PLANNING Cm1MISSIO,N -1 t;:-,_1 REGULAR MEETING -SEPT. 13, 1982 ,_,·:.c;;_.;,;._ 7:35P.M. -10:00 P.M. POLICE & COURTS BLDG. -W. MAIN He said that he would love for everything to be platted and the Ordinance followed properly. Alderman Knight made a point that she hoped the Planning Commission would keep in mind in th~ future when frontage property is bought like in this case from Savers, that access to the thru fare be reserved. City Attorney Paul Groce stated that he didn 1 t like Ordinance 613 and 618 as it was and in his opinion they were circumventing the law, but later stated he did not fe~l his opinion mattered and would like to withdraw it. Commissioner Friedman stated that being the City Attorney of the City of Jacksonville, his opinion was important. Mr. Groce stated that he feels the city has been circumventing the law be- cause of the way it goes about getting wavers. City Attorney Paul Groce stated that in his opinion the Board of Adjustment should have been meeting on a regular basis and reviewing the standards set down by the Planning Commission and the City Council. He stated that there must be an appeals procedure, also stating that he would be glad to rework the Ordinance any way the Commission desires. Commissioner Friedman moved, seconded by Commissioner Snethern to recommend to the City Council that Ordinance 613 and 0rclinance 618 be referred to the City Attorney for amendment or deletion to simplify or clarify appeal procedures and standards. ROLL CALL: Commissioners: Howard, Gwatney, Wilkinson, Snethern, White, Gray, McAlister and Fried~an voted AYE. NAY 0. MOTION CARRIED. City Engineer Owens pointed out that there are many good aspects to the Ordinance that should be retained in his opinion. He said that he felt that the only thing that was lackiimg in this particular app~al procedure was the approval or dis- approval of the City Council. City Attorney Groce assured City Engineer Owens that the standards set up in the Ordinances would be preserved. He also stated that he should have caught the err@r at the Council in that the Ordinance requirement waB not met when the report of the Street and Engineering Committee was presented as information only. The Last item on the Agenda, ~ERO LOT LINE DISCUSSION; was omitted by common consent of a l1 present. Commissioner Gwa tney moved, seconded by Commissioner Snethern to adj a1rn. By common consent of all the Commissioners the meeting was adjourned at 10:00 P.M. Respectfully submitted, ~~YJu.£2~ Lu la M. Leonard PLANNING COMMISSION SECRETARY attachment: five (5) acre tract in Northlake Subdivision legal description LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that there has been filed with the Jacksonville Planning Commission, Pulaski ~o~nty, Arkansas, a petition for the re- zoning of the following parcel of property: Part of the Southeast Quarter (SE~) of the Northwest Quarter (NW~) or Section 27, Township 3 North, Range 11 West, in Pulaski County, Arkansas, more particularly described as follows: ;~~;~;n!:~~4~;:t~:~~~r~:~::!~~:~6~Eio~ig:;~w~~iibff~~~~~:~:~~: N 89° 9 1 37 11 E, 172.26 feet; thence S 60° 50 1 23 11 E, 144.65 feet to the poant of beginning; thence N 29° 9 1 37 11 E, 290 feet; thence 60 50 1 2r E, 297.65 feet; thence s 18° 7 1 7 11 E, 336.68 feet; thence S 0 50 1 23 11 E, 159.34 feet to the northerly right- of-way of Red Wing Road; thence along said right-of""'way S 45° 11 1 66 11 W, 57.52 feet; thence continuing along the right-of-way s 30 33 1 23 11 w, 50.36 feet; thence a 23 43 1 45 11 w, 43.37 feet along the right-of-way; thence S. 23 25 1 56 11 W, 7.48 feet on said right-of-way; thence S 89° 9 1 3]11 VJ() 211.56 feet; thence N 0° 50 1 23 11 W, 278.84 feet; thence N 18 7 1 7 11 yJ, 142.89 feet; thence N 60° 50 1 23 11 W, 184.79 feet to the point of beginnirig;J containing 5.00 acres more or less. The above legally described property will be presented at the regular ~anning Commission Meeting at 8:00P.M., September 13, 1982, A.D. at the Police and Courts Building located at West r~1ain in !:t he ,City of Jacksonville, as a request for rezoning from R-0 to R-5. All interested persons are hereby notified to be present on said date,' so fixed, to voice pros or cons as to whether the above dexcribed real property should be rezoned. Frank Betts, ~hairman JACKSONVILLE PLANNING COMMISSION ~~~.~~ ~-M. Leonard City Clerk-Treasurer PLANNING COMMISSION SECRETARY JACKSONVILLE PLANNING COMMISSION AGENDA October 11, 1982 1. ROLL CALL 4 APPROVAL AND/OR CORRECTION OF MINUTES (Regular Planning Commission Meeting Sept. 13, 1982) 3. DISCUSSION -ZERO LOT LINE HOUSING (City Engineer Bill Owens) 4. NON-AGENDA ITEM -STREET NAME CHANGE (Jackson to Burman) 5. NON.:.AGENDA ITEM -UP-DATE OF t10BILE HOME AT 214 MILITARY ROAD ADJOURNMENT JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -OCTOBER 11, 1982 7:38 P ,M. -8 ;20 P.M . POLICE & COURTS BLDG. WEST MAIN ATTENDANCE: OPENING REMARKS: Chairman Betts called the meeting to roder at 7:38 P.M., October 11, 1982. Those members of the Commission answering ROLL CALL were: Commissioners: Howard, Gwatney, White, Gray, McAlister and Friedman. Chairman Betts also answered ROLL CALL. Others present for the meeting were City Engineer Bill Owens, Jimmy Evans, visitor and the press. APPROVAL AND/OR CORRECTION OF THE MINUTES: Commissioner Fri:edman requested that the following remarks be added to the minutes following paragraph two (2) on page eleven (11) of the minutes. City Attorney Paul Groce stated ,that he rlidn 1 t like Ord -1narice 613 and 618 - as 1t was ana in his opinion they were circum~enting the naw, but later stated he did not feel his opinion mattered and would like to withdraw it. Commissioner Friedman stated that being the City Attorney of the City of Jacksonville, his opinion was important. Mr. Groce stated that he feels th~ city has been circumventing the law be- cause of the way it goes about getting waivers . Commissioner White moved, seconded by Commissioner Gray to approve the minutes ofl ,the ~-Regular Planning Commission Meeting of September 13, with the above addition being added as paragraph three (3), four (4) and five (5) .on page eleven U1).: With the approval of all Commissioners present, the MOTION CARRIED. DISCUSSION -ZERO LOT LINE HOUSING Chairman Betts recognized City Engineer Bill Owens who commented on the zero lot line developments in the city. He said that he wanted the Planning Commission to be aware of some of the problems that have arisen in the zero lot line areas. He metiil:!ioned three (3) developements, two (2) by Jim c'Peacdck and one in Northlake. He stated that thus far there have been no problems in the first development on Loop Rd., by Jim Peacock or the development in Northlake. With the second development on Loop Road he said there had been a problem on one (1) dea1. He said that when the development was subdivided for zero lot 1 ine housiog, the developer came back and wanted to build regular houses on the lots. In this one instance where there was five (5) ft. between the houses, he said that he had required that a carport made of metal be put on the lot Hne, _making the distance from one flamable material to the next fifteen (15) ft. noting that he had talked to the Fire Chief concerning the decision. Commissioner Gray a.sked about the requirements for toe wa.ll s tn toe zero lot line homes, to whi.ch City Engineer Owens repGted th_at 5/8 i_ncl] s(teet rock be used and there not oe any openings in toe flre wall , City Engineer Owens explained that there is no common gr OJnd in the zero 1. ot line housing . Commissioner White said that he felt toe problem ha.d oeen met as best it could and added toat years ago the issue had oeen addressed wtth regard to get.,. ting into the back yard thru the house . He mentioned similar ljousing at McAlmont and that the problem had been solved there with a street on Both sides of the house. He added that any time the use of a subdiVision is changed, problems are PAGE TWO JACKSONVILLE PLANNING CGr1MISSia~;\: ~ REGULAR MEETING-OCTOBER 11, ,1;98'2 '"" 7:38 P.M. -8:20P.M . . POLICE & COURTS BLDG.-WEST MAIN created. He said in the event the needs of the developer change there is a need for reverting back. City Engineer Owens asked that the Commission instruct him concerning future problems similar in nature, adding that he would be glad to get with the Fire Chief or bring each instance before the Commission. Commissioner Gray gave a short summary of the first meeting of the committee regarding mobile and modular homes , stating that the prupose and plan of what the committee would be doing was discussed. He stated that the commmittee is made up of four (4) City Council Memebers and the two members from the Commission. He stated that he was hopeful to have information from Little Rock, North Little Rock and other municipal bodies who have or are in the process of researching similar problems, with possible feed back from an association connected with mobile and modular homes. General consensus of the Commission was that City Engineer Owens had made a correct decision in this instance and requested that he require a five (5) ft. set back or have the person or persons making a requ~st, appeal to the Board of Adjustment for the granting of a waiver . NON-AGENDA ITEM -STREET NAME CHANGE City Engineer Owens stated that the Fire Chief had contacted him about the fact of Jaxon and Jackson St., causing a iPJOSsirble conflict in an emergency situation. He noted that zero lot line is being constructed on Jackson St., and explained that Jaxon St., is in Sunnyside Addition. He read from the Code Book concern- ing the requirement for changing the name of a street. He suggested that action from the Planning Commission could go to the CHy Council for approval on October 21, 1982, at the Regular Meeting according to the requirement from the Jacksonville City Code. He stated that Jackson St., has been named only four (4) or five (5) years, noting that it is the street behind Wendy 1 s Restuarant. He said that the people who are buying the zero lot line property on the street had made suggestions for a street name and the name agreeable to all was Burman. Commissioner Friedman moved, seconded by Commissioner Gray to recommend to the City Council that the name of Jackson Street be changed to Burman Street. ROLL CALL: Commissioner: Howard, Gwatney, \~hite, Gray, Mclister and Fr!edman voted AYE. MOTION CARRIED. At this point Chairman Betts noted that the Chairman of the committee studying Ordinance 613 and 618 has requested tha1t a member of the Planning Commission work with the committee. He suggested, if there were no objections, that Commis- sioner Howard work with them. There were no objections from the other Commissioners. NON ..,.AGENDA ITEM -MOBILE HOME UP-DATE 214 MILITARY ROAD Commissioner Friedman mentioned that City Engineer Owens was to give an .up-date on the mobile home at 214 Military Road and due to the last two meetings being 1 engthy it had not as yet been given. City Engineer Owens stated that the City Council had given permission to issue a building permit to Mr. & Mrs. Francis Brown if the two parties in the lawsuit could reach an agreement concerning modification of the mobile home. He stated that he had been advised not to issue any building permits of like nature until the ordinance is revised. PAGE THREE JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -OCTOBER 11, 1982 7:38 P.M. -8:20P.M. POLICE & COURTS BLDG. WEST MAIN Commissioner Gray posed the question of assurance that the agreements by the , parties involved in the lawsuit would be carried out. City Engineer Owens said that the building permit itself would state the things agreed upon by the parties. He noted the certificate of occupancy mentioned in the r~unicipal Code used in the process and also stated that the last control the city has concerns the hook-up from Arkansas Power & Light Co., which is called in from City Hall after the final inspection. City Engineer Owens stated that parties are compelled to comply with what is on the building permit regarding intent as listed, and the final inspection would require that those things be met. Commissioner Howard mentioned a call he had from a t1r. Carrol Hudson of 409 Graham Rd., cun c erning a mobile home trailer court. City Engineer Owens said that it had never been an R-4 zone. He said that Mr. Hudson had been before the Planning Commission and requested for permission to place the mobile homes for a five (5) year period, adding that the five (5) years had expired. He stated that Mr. Hudson will probably come before the Planning Commission with a rezoning request. Chairman Betts stated the area as being across from City Lumber Co., Commissioner White stated that the trailer park was there before the zoning, noting that it was inherited as a non-conforming use. He stated that 'i:t was protected by the Grandfather clause but that replacement of the mobile homes may be questionable. City Engineer Owens said that ifMr. Hudson brings a rezoning request to the Planning Commission it will probably be for commercial zoning. Commissioner ~ray moved, seconded by Commissioner Gwatney to adjourn. MOTION CARRIED. The meeting was adjourned at 8:20 P.~1. Re2 Jl ectfully, w . 1 c:Z~~,0v~ Lula M. Leonard City Clerk-Treasurer PLANNING COMMISSION SECRETARY I I JACKSONVILLE PLANNING COMMISSION A G E N D A November 8, 1982 I. ROLL :CALL: 2. APPROVAL AND/OR CORRECTION OF MINUTES (Regular Planning Commission Meeting Octoher 11, 1982) 3. Loop Rd. Acres -Final Plat (Information at meeting) (Jim Peacock) 4. Approval of Building Permits-319 Ray R., (Mrs. Sally McKinzy) -3013 T.P. White Drive (Butch Stender) ADJOURNMENT Non-Agenda Item -Savers Commercial Park Update JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -NOVEMBER 8, 1982 7;38 P.M. -8:15P.M. POLICE & COURTS BLDG. WEST MAIN ATTENDANCE: OPENING REMARKS: r-- Chairman Betts called the meeting to order at 7:38P.M., November 8, 1982. Those members of the Commission answering ROLL CALL were: Commissioners: Howard, Gwatney, White, Gray, McAlister, Friedman and Commission Chairman I Frank Betts. Commissioners Snethern and Wilkinson were absent. Others present at the meeting were City Attorney Paul Groce, City Engineer Bill Owens and Code Enforcement Officer John New. APPROVAL AND/OR CORRECTION OF THE MINUTES: Commissioner Friedman moved, seconded by Commissioner Gwatney to approve the minutes of the October 11, 1982 Regular meeting. With unanimous approval, the MOTION CARR I ED. LOOP RD. ACRES -FINAL PLAT (Jim Peacock) City Engineer Owens presented the Preliminary Plat to the Commission and ex- plained that water and sewer utilities have been put in as required and that six (6) inches of gravel and two (2) inches of asphalt had been used on Loop Acres Drive which is to be maintained by the property owners. He mentioned that a maintainance bond has been posted with regard to water, sewer and street and that the Bill of Assurance for the development is on file at City Hall in the Cl :erk 1 s office. He noted that two-thirds of the development is in the flood plain and that the minimum floor elevation requirement is 256, adding that nothing can be constructed in the flood way, ,stating that no lots are in the flood way. He said that the Board of Adjustment had granted a waiver with regard to the lot width from sixty (60) to fifty (50) ft. Mr. Ted Camp said the development was in the process of being annexed into the city. Chairman Betts stated that everything was in compljance with the wishes of the Planning Commission . Commissioner Gray moved, seconded by Commissioner McAlister to approve the final plat of Loop Rd ., Acres as presented. Commissioners: Howard, Gwatney, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. APPROVAL OF BUILDING PERMIT: 319 Ray Rd. (Mrs. Sally McKinzy) Chairman Betts recognized Mrs. McKinzy representing the petition . City Engineer Bill Owens explained that the item had been before the City Council approximately six (6) months ago requesting permission to build a church on the property, which is zoned R-1. It was noted that a public hearing had been held. The Council granted the request Engineer Owens stated. He said that the property is unplatted with an undedicated street on two sides and that the property is de- fined by metes and bounds as follows: Part of theW~, NE~, SW~, Section 29, T-3-N, R-10-W, beginning 279 .0 1 South and 62.0 1 East of the NW corner thereof, thence South 138.6 1 and East 62 .0 1 , North 138.6 1 thence West 62 .0 1 to the point of beginning. Chairman Betts asked whether or not the set backs were adequate to which City Engineer Owens replied that they we r e not. Commissioner Friedman asked the City Attorney if a wa1ver regarding the requirements for rear and side yard set back should go before the Board of Adjustment. City Attorney Groce replied that in his opinion it should , P.A.GE TWO JACKSONVILLE PLANNING COMMISSION .~ ~:1 REGULAR MEETING -NOV EMBlER 8, 19 8~'··U "'-" 7:38P.M. -8:15P.M. POLICE & COURTS BLDG. WEST MAIN Code Enforcement Officer John New stated that his recomendation would be that the position of the building be changed on the lot thus bringing the set backs in compliance to the best of his knowledge and asked that the Commission approve the permit. Chairman Betts asked Mrs. Mc~nzy if there would be any problem with doing what Mr. New had suggested. She replied that there would not. Commissioner White moved, seconded by Commissioner Gwatney to approve the plot plan for a building to be constructed on the parcel of ground as described afore by metes and bounds and that it comply with city codes or request a waiver from the Board of Adjustment. ROLL CALL: Commissioners; HovJard , Gwatney, White, Gray, McAlister and Friedman voted AYE. NAY 0. MOTION CARRIED. APPROVAL 6f BUILDING PERMIT -3013 T.P. White Dreive (Butch Stender) Mr. Stender was not present at the meeting. City Engineer Owens stated that there needs to be no waiver~ regarding this permit with regard to set backs but that it is in the flood plain and flood way. He said that he had asked that the driveway be dropped down so that the water could flow over it to which the petitioner for the building permit had complied. He stated that the lot had been under water but that it is being built up to 266.5 M.S.L. He explained the difference between a flood way and a flood plain; the first being the area of most turbulence with a big rain and the latter being the area of back up waters. Commissioner White moved, seconded by Commissioner Friedman to ap.prove the building permit for 3013 T.P. White Dr., legally described as follows: Part of the NE!:q: NE!:q:, Section 17, T-3-N, R-10-W, Pulaski County, Arkansas, and being more particularly described as follows: Commencing at the Southeasb corner of said NE!:q: NE!:q:, Section 17, T-3-N, R-10-W; thence S 88 10' 39" W 1279.13 fee~ along the South line of said NE!:q: NE!:q: Section 17; thenc3 N 0 29' W 235.62 feet to the point of beginning; thence N 36 28' W 363.56 feet to a #4 Rebar for the mo~t Northerly corner of Pinewood Subdivision to the City of Jacksonville, said corner being on the Southerly right of way of U.S. Highway 67-167; thence N ~3° 32' E 385.51 feet ~ along said §outherly right of way; thence S 36 32' 16" E 400.0 feet; thence S 58 55' 38" W 387.61 feet to the point of beginning, con- taining 3.38 acres, more or less. The Commission gave unanimous approval. MOTION CARRIED. NON -AGENDA ITEM SAVERS COMMERCIAL PARK C1ty Engineer Owens gave a short review related to driveways on Highway 161 between Martin St., and the Humpty Dumpty Day Care Center with regard to the development of Savers Commercial Park . There was discussion concerning placement of the driveways with reference being made to decisions of the Planning Commission on Feb. 8, 1982 regarding the two driveways. City Engineer Owens stated that the owner of Humpty Dumpty Day Care, Mr. James Davis, had voiced that ne would possibly buy lot eight (8). There was dis- cussion concerning the elimination of one driveway of the day care center. I rl UL.. I 111'\L-L-Url\JI"~...JVI't''I.LLL.L rLMI'tl'tJ.l'tU VVI'WlJ..J.JlUI't REGULAR MEETING NOVEMBER 8 , 1982 7:38P.M. -8;15 P.M. POLICE & COURTS BUILDING , WEST MAIN Chairman Betts a s.ked City Engineer Owens to bring the item befcrre the Planning Commission at the next regular meeting if the original approval of the Commission regarding the placement of the driveways is not carried out. He also asked that those requesting any changes be present. Chairman Betts adjourned the meeting at 8:15 P.M. with the common consent of the Planning Commission members present. Respectfully submitted, ~"-'t JA. y:.;v~eonard :pl anning Commission Secretary JACKSONVILLE PLANNING COMMISSION A G E N D A ------ December 13,· 1982 l. ROLL CALL: 2 . APPROVAL AND /0 R CORRECTION OF MINUTES (Regular Planning Comm i ssion Meeting November 8, 1982) 3. REQUEST TO SET UP A PUBLIC HEARING: X~i rst Church of the Nazarene requests rezoning from R-4 to C-1) 4. UPDATE SAVERS COMMERCIAL PARK (Minutes Feb. 8; 1982 -Nov. 8,1982) City Engineer Owens) ADJOURNMENT . ' -.I:. .. :--~-:....,:. ' ' .. ) JACKSONVILLE PLANNING COMMISSION REGULAR MEETING -DECEMBER 13,1982 7:30 P.M . -8:30 P.M. ATTENDANCE: OPENING REMARKS: Chairman Betts called the meeting to order at 7:30 P.M. December 13, 1982. Those members of the Commission answering ROLL CALL : were: Commissioners: Gwatney, Gray, McAlister, Friedman, Snethern, and Chairman Betts. Commissioners Howard, Wilkinson and White were absent. Others pres~nt at the meeting were City Attorney Paul Groce, Mayor James Reid, City Engineer Bill Owens, Alderman Gary Fletcher, Attorney Mike Wilson, Mr. Tommy Dupree, other in- terested citizens and members of the press. APPROVAL AND/OR CORRECTION OF THE MINUTES: Commissioner Friedman moved, seconded J?y Commissioner Gwatney to approve the minutes of the November 8, 1982 Regular Planning Com- mission Meeting. By a unanimous voice vote, the MOTION _CARRIED . REQUEST TO SET UP A PUBLIC HEARING: FIRST CHURCH OF THE NAZARENE The First Church of the Nazarene requested that their property be rezoned from R-4 to C-1, according to City EDgineer Bill Owens. He noted that they had already paid the fee for setting up a public hearing, adding that they desire to have a daycare center. Commissioner Gwatney me ved, s _econded by Commissioner Gray to set up a public hearing with regard to rezoning their property -from :1;{-4 to C-1. By a unanimous voice vote, the MOTI 0 N CARRIED. UPDATE SAVERS CO.MMERCIAL PARK City Engineer Owens stated that Savers has sta t ~~d to him that it makes no difference to him whether a driv.eway is located between l ots six (6) and seven (7) or lots seven (7) a n d eight (8). He said they have permission from the Highway Department to put it either place and that they have begun work on the project. Mr. James Davis, owner and operator of Humpty Dumpty stated that he would close the north driveway presently affording entrance to his business if the driveway is located between lots seven (7) and e i gh t (8). Area maps were studied by the Commissioners and consensus was that even though the driveway did not comply with the Ordinance governing driveways, that it would be an improvement over the two driveways now giving access to Humpty Dumpty Daycare Center. Mr. Davis stated that he has put earnest money on lot eight (8) to purchase -it if the driveway is pe il:tmi ted between lots seven (7) and eight (8). · He said the distance between the driveways at p !3 present on his property is approximately seventy (7 Q} feet. Approval of the ,driveway between lots seven (7) and e i ~h t (8) would improve the driveway situation onto Highway 161 with reg'ard PAGE TWO JACKSONVILLE PLANNING COMMISSION .... :1_:JJ REGULAR MEETING ~ DECEMBER 13, 1982 7:30 P.M. -8:30P.M. to Humpty Dumpty Daycare Center he said and added that hewould close the existing north driveway into the center. It was noted by Chairman Betts · that '·placi-ng. the driveway between lots seven (7) and eight (8) would requ ite a waiver with regard to Ordinance 618 . He s .tated that original approval by the Plan-- ni D-g t Commission was for the driveway to be placed -between lots six (6) and ~seven (7). CommiSsioner Snethern moved, seconded by Commissioner Gray con- tingent upon closing the existing north driveway into Humpty Dumpty Daycare Center, to grant a waiver with ·regard to Savers driveway appl!oving placement of said driveways between lots sev·en (7) and eight (8). primarily to improve · the traffic si tua- tion with regard to Humpty DumptyDaycare Center owned by Mr. James Dav i s. By a unanimous voice vote, the MOTION CARRIED. Chairman Betts requested thatc±ty Engineer co6rdinate the pro- ject carefully and submit a paragraph with regard to ·savers Commercial Pi:nk and the subject of driveways. "In order to fit the geometry of Saver's Commercial .:.Park the .S treet & Engineering Committee and the -Plan- ning Commission have been asked to waive certain dimensional requirements of Ordinance #618. The over- all purpose of this Ordinance was to restrict the ·· number of accesses from the point of passage forward. Only two driveways hav·e been permitt-ed. Two-drive-- ways are ·the most allowable by this Ordinance in this area. Ih addition an exi~ting d~iveway entrance has ··.-been closed in :order to help alleviat-e · traffic pro- blems in this area. I believe addressing situations like the above is the purpose of "Planning" and this solution is a plus to the City." . 1 . This paragraph added to the minutes by the City Engineer at the request of ic hair:man .Betts -; NON-AGENDA ITEM .:.. ·ANNEXATION OF DUPREE -FARM - chair.man Betts recognized ,·Mayor Reid who presented the Annexation of ·the Dupree property into the City of Jacksonv-ille Ttem. Mayor Reid _made apology for not getting the item ·on ·t -he ageO:da. Chairman Betts asked what a~vantage there would be if the property is annexed into the city. Mayor "Reid stated that i:t w.·:::mld expand the · community and ' that ·· the possibility of the North Belt Loop coming in thru the area PAGE THREE JACKSONVILLE PLANNING COMMISSION . . REGULAR MEETING -DECEMBER 13, 1982 7:30 P.M. -8:30 P.M. made it desirable to the City. City Engineer Bill Owens stated that the request for annexation woul,d bring the property in zoned A-1 and that the petitioner desires that a public hearing be set up for rezoning the pro- perty from A-1 to Highway Commercial and M-1. It was also pointed out that an area of the property being used as a landfill will have to continue as a landfill adding that it lS at present a conditional use area. City Engineer Owens pointed out on an araa map one of the planned places for the North Belt Loop, noting that there are five pos- sible areas for the Loop. He also pointed out adjoining areas to the Dupree property are outside the city. It wa~ noted that there is a state statute which will allow annexation of property if it is surrounded. City Engineer Owens stated that it was advantageous that all the area is undeveloped and that development would take place as it should noting that the county .says that they will give the pro- perty up. Commissioner . Friedman moved, se_conded :by Commissioner McAlister to recommend -to the City Council to annex the Dupree Farm pre- sently zoned A-1. By a unanimous voice vote, the MOTION CARRIED. Commissioner Gwa .tn~y moved, s~condecl by Commissioner Snethern to set up a public hearing in Januaa::y f _or the .rezoning of the Dupree Farm from A-1 to C-3 and M-1 as submitted to the Planning Commission, contingent upon the approval of the annexation of the property to .tpe .. city by the City Co unci 1 at their Regular Meeting on December 16, 1982. By a unanimous voice vote, the MOTION . CARRIED. It was requested that the City Engineer bring the annexation of ~ the properties adjoining the Dupree Farm before the Planning Co~­ mission at the next meeting if the City Council grants approval of the annexation of said farm. NON-AGENDA ITEM -ANNEXATION OF LOOP ROAD ACRES Chairman Betts recognized City Engineer Owens who stated that a request to annex Loop Road Acres into the City had been made by peitioner-Jim Peacock. A discussion followed concerning zoning of the property upon annexation i nto the city. It was pointed out by the City Engineer that the subdivision complies with city and county aodes as developed, adding that he would research the matter of how the LEGAL DESCRIPTION: DUPREE FARM I AS ANNEXED BY ORDINANCE 687 Section 34, T3N, RllW, except the following described property : Th e Wl/2 of the Wl/2 of Section 34; the West 1037.54 feet of th e E 1/2 of theW 1/2 of said Section 34; the South 1000 feet of the SE 1/4 SW l/4; Begin 140.4 feet West of SE Corner of said Section 34 on the R/W line of U.S . Hwy. 67, thence Northeasterly along said R/W line 150 feet, thence Northwesterly at Right Angle to said R/W li ne 435 .6 feet, thence Southwesterly parallel to said R/W line 200 feet to the south line of sa i d Section 34, thence East along said South section line to th e po int of beginning, also the Sewage Treatment Pond s for Indianh ead Lakes Estate. Tota l acreage is 395.55 acres more or less. The NE 1/4 of the SE 1/4 of Sec tion 3, T2N , Rl1W, 40 acr es . The E l/2 of the NE 1/4 of Section 3, T2N, Rl lW, exce pt the following described lands: Exception No. ____ ! Begin 140.4 feet west of NE 1/4 of Section 3 on the R/W lin e o f U.S. Hwy. 67, thence Southwesterly along sa i d R/W lin e 450 fe et , thenc e Northwesterly at right angles to said R/W line 435.6 feet, theri c e Northeasterly parallel to said R/\~ line 400 fee t to the north line of said Section 3, thence East along said sec tion l ·in e to t he po int of beginning, containing 4.25 a c res more or le s s; Exception No. 2 Beginning 8t the southw e st corner of SE l/4 NE 1/4 of sa id Section 3: thence N04 40' W, 1534 0 9 feet to the southerly right-o f -way of U.S. Highway 67; thence N 58 14' E, 136 feet along th e southerly right-of-way; thente N 57~ 2G' E, 202.0 feet continuing a~ong s a i d right-of-way; thence S 52 52' E, 483 .4 feet; then ce S 04 40' E, !370.9 feet; thence 585° 30'W, 660 fe e t to the po int o f beginning, co ntai ning 23.77 acres, more or less. Exception No. 3 A strip of land 300 feet wide across the NE l/4 NE l /4 for the U.S. Highway 67 right-of-way containing 10.3.3 acres, more o r less. Total acreage to be annexed is 81.65 acres. All Section 2, T2N, RllW, North and West of the Missouri -Pacific Railroad except the NE 1/4 NE1/4. Annexation acreage is 300 acres . land: acres. acres. All of Section 35, T3N , R11W, less and except the following described Exception No. 1 TheSE 1/4 SE 1/4 of Said Section 35, T3N, Rl1W, containing 40 acre s, more or less. Exception No. 2 A strip of land 300 feet wide acro ss said section 35 (SW corner to NE corner) for U.S. Highway 67 right~of-way, containing 46 .83 acres, more or less. Exception No. 3 That part of the NE 1/4 NE 1/4 Northeast erly from the center line of the Bayou Meto, containing 8 acre s, more or less. Ann ex ation acre age is 545 acres. The S 1/2 of the NW l/4 of Section 36, T3N, Rl1W, containing 80 The NW 1/4 of the SW 1/4 of Section 36, T3N , R11W, conta inin g 40 That part of the S 1/2 of the NE 1/4 of Section 36, T3N, R11W, North and West of the Missouri-Pacific Railroad, containing 32 acres, more or l ess . That part of the NE 1/4 of the SW 1/4 of Section 36 li es north and west of the Missouri-Pacific Railroad, containing 20 ac res, mo re or l ess . ANNEXATION ACREAGE: Section 34, T-3-N, R-11-W Section 35, T-3-N, R-11-W Section 36, T-3 -N, R-11-W Section 2, T-3-N, R-11-W Section 3, T-3-N, R-11-W GRAND TOTAL 396 Acr es 545 Acres 172 Acres 300 Acre s 82 Acre s 1495 Acr-es Section 2: That it is further ordained that the sa i d lands by a nd they are hereby assigned and attached to and made a part of the 3rd Ward of the said City of Jacksonville, Arkansas and zoned A-1. Section 3: That this ordinance being nec ess ary for the immediat e preservation of the public health, safet y , and we lfare and morale of th e citizens of the City of Jacksonville, Arkan sas , a n emergency is hereby declared to exist and this ordinan ce shall have full for ce and effec t immediately after its passage. APPROVED AND ADOPTED THIS 16th DAY OF Decemb er 19 82. PAGE FOUR JACKSONVILLE PLANNING COMMISSIOJSf i( ~. ~·· "·~~'·· ... ~ ... }}; ... REGULAR MEETING -DECEMBER 13, 1982 7:30 P.M. -8:30 P.M. property should come into the city with regard to zoning. Commissioner Snethern felt that a recommendation should be made to annex Loop Road Acres into the city as R-4. Due to questions concerning the legality of such action Chairman Betts suggested that the item be held in abeyance until the next meeting therefore allowing clarification concerning zoning upon annexation. There was no further action concerning the item. Chairman Betts adjourned the meeting at 8:30 with the approval of the Commissioners present. Respectfully , submitted L~j ·A.~~ Lula M. Leonard Planning Commission Secretary "Exihibit A" Legal Description -First Church of the Nazarene A part of the East One-Half (E-1/2) of the Southeast Quarter (SE 1/4), Southeast Quarter (SE 1/4) of Section Seventeen (17),. Township Three (3) North, Range Ten (10) ~Jest, Pulaski County, Arkansas, more particularly describes as follows: Commencing at the Southwest corner of the E 1/2, SE 1/4, S E 1/4, Section 17, T3N, R10W; thence North 50 feet to the North line of Loop Road to the point of beginning; thence continue North 250 feet; thence East 450 feet; thence South 250 feet to the North line of Loop Road; thence West 450 feet to the point of beginning. Exihibit A complete.