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09 JUL 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 7:00 P.M. - 7:19 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 13, 2009. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr., Chad Young, John Herbold, Joe Ott, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Planner Chip McCulley, City Engineer Jay Whisker, Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Young to approve the minutes of the regularly scheduled Planning Commission meeting of 8 June 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 1100 North James Street from C-1 to C-2 petitioner Calvary Fellowship of Jacksonville Chairman Traylor opened the public hearing at approximately 7:03 p.m. Chairman Traylor then noted that the Board of Adjustment prior to the Planning Commission meeting addressed the item. Mr. Perry Carpenter representing Calvary Fellowship Church of Jacksonville stated that they are requesting that lots 12, 13, and 14 of the Brown Addition be rezoned from C-1 to C-2. He added that prior to the Planning Commission meeting they were granted a variance by the Board of Adjustment regarding acreage requirements. City Planner Chip McCulley clarified that the Board of Adjustment waived the two-acre minimum requirement, adding that the acreage is approximately .92 acres. He related that he has met with the proposed buyer of the property, explaining the intent to develop the property as a small shopping center similar to the one that is adjacent directly to the north. He stated that the buyer is in the retail cellular phone business and will use one of the spaces for that business. He stated that he is planning to lease the other spaces. He stated that if the rezoning passes the buyer would have to replat the property, which currently is four separate lots. He added that the site plan would be brought back before the Commission. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:06 p.m. Commissioner Brannen moved, seconded by Commissioner Gray to recommend rezoning to the City Council of lots 12, 13, and 14 of the Brown Addition from C-1 to C-2 as requested. MOTION CARRIED. REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 continued: b. REZONING 1512 Stamps Street from R-7 to R-2 Chairman Traylor opened the public hearing at approximately 7:07 p.m. Petitioner David Hunter, owner of Jacksonville Heat and Air, stated that it is his intention to improve the land and to construct a multi-family residence. He stated that the property is currently zoned R-7 and it is his understanding that it would have to be rezoned to R-2 in order for them to proceed. City Planner McCulley stated that he and City Engineer Whisker had viewed the property and the dimensions would fit an R-2 zoning, relating that the lot is approximately 65’ X 180’, slightly over ¼ acre. He stated that all the surrounding property on this side of the street is zoned R-7 for manufactured housing and the property on the east side of Stamps Street is zoned R-2 for multi-family. He stated that staff does recommend the rezoning from R-7 to R-2. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:09 p.m. In response to a question from Commissioner Young, Mr. Hunter stated that he is proposing to construct only one duplex. He further explained that they are also proposing to construct a maximum sized accessory building for storage, acknowledging that to be 650 square feet. Commissioner Gray moved, seconded by Commissioner Ott to recommend rezoning to the City Council of 1512 Stamps Street from R-7 to R-2 as requested. MOTION CARRIED. c. Cell Tower Height Variance 901 North First Street Chairman Traylor opened the public hearing at approximately 7:10 p.m. Mr. Darren Burch representing the T-Mobile CLS group stated that they are requesting a 60’ height variance in order to install a monopole cellular tower at 901 North First Street. City Planner McCulley related that the proposed location would be east of the cell tower that is currently located at the site, making this the second cell tower on site. He stated that this cellular tower would be lower in height than the existing tower. He stated that the existing tower was originally the tower belonging to First Electric that has since been redeveloped as a cellular tower. He stated that one concern was co-location, explaining that the telecommunications ordinance requires that wireless communication providers construct their towers in order to provide co-location. He related that in talking with the representative he learned that the existing tower is at 98% capacity, which is why they are requesting to construct a second tower. He stated that it would be a monopole tower not a multi-leg tower. REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 continued: City Engineer Jay Whisker explained that normally the City would request that the tower be sufficiently constructed to allow co-location, noting that the existing tower is at structural capacity. He stated that the original ordinance was written to require co-location in order to prevent a congestion of cellular towers throughout the City. He stated that the question would be if a second cell tower should be located by the first, noting that it would be shorter by approximately 50’ with a more attractive pole. He then noted that the ordinance requires that the cell tower be the height distance away from the adjoining properties and the cell tower is 170’ in distance away from the residential fence line to the west. He added that the cell tower would be 160’ in height. In response to a question from Alderman Howard, City Engineer Jay Whisker stated that he is not aware of any regulation that prevents two cell towers from being located at the same site. He explained that it is restricted by zoning to protect residential areas. He then related that the CLS Group has stated that they are willing to provide space for two additional co-locations. Mr. Burch related that monopoles are typically designed to carry three full capacity carriers. It was noted that T-Mobile can rent those spaces to recoup costs. City Engineer Jay Whisker added that it would be a good stipulation for approval. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:18 p.m. Commissioner Young moved, seconded by Commissioner Herbold to approve the height variance request for a cell tower at 901 North First Street as requested, stipulating that the monopole be designed for three carriers. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:19 p.m. Respectfully submitted, __________________ _______ Susan L. Davitt