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97 APR 14.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. He welcomed a newly appointed Commissioner, Mr. Bill Corroum, and Mr. Jack Patton, who were present after a lengthy illness. ROLL CALL: Commissioners: Rudy Reid, Bob Walker, Bill Corroum, Art Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Commissioner Nixon arrived at approximately 7:06 p.m. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT nine (9), ABSENT (0). Others present for the meeting were Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Fire Chief Rick Ezell, Fire Inspector Charlie Pope, petitioners and members of the press. DEVIATION IN AGENDA: PUBLIC HEARINGS: 7:00 P.M. Chairman Gray presented the first item of business. He related that the public hearing, duly advertised for March 10, 1997 was held, as recorded in the minutes of said date. He said that the petitioner, Valerie Williams Deweese, requested that the property be rezoned from R-0 to R-3. He pointed out that the public hearing was opened, that there were no public comments at that time, and that the public hearing was closed. He further related that due to a lack of Planning Commission Members present and concerns of the Chairman, no vote was taken. He recalled the item listed below for action by the Planning Commission. REZONING: 9012 McCain Street from R-0 to R-2 Ms. Audrey Brandon, 9008 McCain Road addressed the Planning Commission. She voiced said that the rezoning came to her attention obviously after the first public meeting was held and that her reasons for objections are that McCain Road is a small residential street, that it has the ambiance of rural living, and that there are only single dwelling residences on the street. She then presented to the Commission a petition containing the signatures of 12 property owners on McCain Road who oppose the rezoning. It was determined that the property was posted in the proper time frame, and that the advertising was done in the proper time frame as well. Chairman Gray related that the public hearing was held as CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. advertised during the last regular Planning Commission meeting. Chairman Gray asked Mrs. Dewese to address the Commission with regard to the request for rezoning. She stated that her desire is to build duplexes on her property on McCain Road. She said that there is a duplex on McCain just down from her property and that there are duplexes around the corner on Shannon Drive. Chairman Gray related that there was no one who spoke in opposition to the rezoning at the public hearing of May 10, 1997. She related that the persons she spoke with before the hearing had no opposition to the request to rezone her property to R-2. Discussion ensued as to the proximity of neighboring homes. The City Engineer presented an aerial photograph of the parcel for clarification of surrounding property. Other discussion ensued as to the length of time the property remained posted after the public hearing of March 10, 1997. It was determined that the sign was removed shortly after said date. The size of the tract up for rezoning was determined to be 100 ft. wide and 200 ft. deep. The City Clerk read the minutes of the last meeting with regard to the item of business. Commissioner Nixon moved, seconded by Commissioner Patton to approve the rezoning request from R-0 to R-2 for the Dewese Property and recommended to the City Council for action April 17, 1997. MOTION CARRIED. b. Rezoning Dawkins Commercial Addition R-3 to C-3 Chairman Gray opened the public hearing at 7:35 p.m. and related that preliminary information was submitted during the March meeting. Robert Brown of Development Consultants and representative to the Dawkins Trust related that Mr. Mike Coulson will be the developer on behalf of the Dawkins Trust. He briefly recapped the request as submitted in March. He pointed out the proximity of surrounding commercial property in the area and reiterated the request to rezone the balance of the property to C-3, which would conform with CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. current zoning of surrounding property. He related the intent to plat the lots and develop a portion of the street and offer lots two and three for sale and redevelopment. Commissioner Brannen requested that the petitioner include the F designation in final plat presentation. Other discussion evolved regarding portions of the property located in the flood plain and the flood way along the creek bank. Chairman Gray clarified that the request is that of mixed zoning status of which a large portion is already zoned C-3. Mr. Robert Stroud related that he presently owns a shop in the area and asked if architectural design controls could be exercised by the Planning Commission with regard to further development of the property. Chairman Gray related that no architectural design control is in print or being designed at this time. The public hearing was closed at approximately 7:42 p.m. Mr. Mike Coulson related that Lot 1 is being reserved for a convenient store/service station combination. Commissioner Brannen moved, seconded by Commissioner Hardwick that the property as legally described be rezoned as requested to C-3 with recommendation to the City Council for action April 17, 1997. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Walker to Approve the minutes of the Regularly Scheduled Planning Commission Meeting of March 10, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO SET UP PUBLIC HEARINGS: REQUEST TO APPROVE PLATS: a. PRELIMINARY & FINAL PLAT of Northlake Phase VII, Lot 253 Chairman Gray recognized Mr. Tommy Bond. Mr. Bond related that Lot 253 was not included in the last phase presented seven years prior, but has all improvements. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. Discussion ensued as to the status and amount refundable for a one-lot subdivision. It was concluded that it would be reviewed and Mr. Dupree would be refunded any monies not due. Commissioner Brannen moved, seconded by Commissioner Corroum to approve the Preliminary and Final Plats of Northlake Phase VII, Lot 253. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT of the Dewese Addition In response to a question posed by Chairman Gray, City Engineer Reel related that he had informed the petitioner that two duplexes were the maximum number allowable in order to meet the square footage requirements for the property, suggesting that one duplex be located directly behind the other with a pipe stem configuration with access out to McCain Road. He related that the configuration met Sewer Department approval with regard to the service line from McCain Road. Commissioner Brannen questioned a twenty-five foot setback and it was determined that the surveyor would change the setback to thirty-five feet with the approval of Mrs. Dewese. Commissioner Hardwick moved, seconded by Commissioner Nixon to approve the Preliminary and Final Plats of the Dewese Addition as submitted with the adjustment of the twenty-five foot setback to thirty-five feet. MOTION CARRIED. c. PRELIMINARY PLAT: Dawkins Commercial Addition Chairman Gray introduced the item of business and Commissioner Brannen questioned if the three-lot subdivision is located in the flood zone. Chairman Gray requested that the lots carry the F designation with lot numbers. The petitioner agreed. Discussion ensued and it was disclosed that ten to twenty feet of the northern boundary is located in the floodway while other portions located within the floodplain will only require a small amount of fill for elevation. In response to a question posed by Chairman Gray, the petitioner related that all improvements would face street frontages. Discussion ensued as to setbacks regarding the C-3 zoning and a possible variance for a canopy encroachment from the Board of Adjustment. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. It was pointed out that the setback on the north end of lot one might be a concern. All streets will be dedicated to the City as public right-of-ways. Commissioner Brannen moved, seconded by Commissioner Patton to approve the Preliminary Plat of the Dawkins Commercial Addition. MOTION CARRIED. d. FINAL PLAT of Collenwood Subdivision In response to a question posed by Chairman Gray, City Engineer Reel related that he had not received any letters of acceptance from the Water and Sewer Departments. Mr. Orin Noble from Bond Engineering represented Mr. Jim Green, developer of the property. He related that material for acceptance has been submitted to the Water and Sewer Departments and is scheduled for review at their next regularly scheduled meetings. He related that streets in the development as yet have not been asphalted, adding that a contingency stipulation would be requested regarding street completion. Chairman Gray related that if the Final Plat is considered for action and approval, it would have to be done prior and contingent upon Water and Sewer approval, street completion, and/or bonding which would require further discussion. He stated that there is no reason to believe that Water and Sewer approval will not be forthcoming, adding that recent weather could have delayed street development. Commissioner Brannen moved, seconded by Commissioner Nixon that action regarding the request for final plat be tabled but discussion regarding the request for a name change be addressed. Mr. Noble requested that all action and discussion be tabled until the next regularly scheduled Planning Commission meeting. Commissioner Brannen revised his motion, seconded by Commissioner Nixon that both items of business be tabled until the next regularly scheduled meeting of the Planning Commission. MOTION CARRIED. GENERAL: Discussion of Subdivision Regulations regarding Fire Protection. Chairman Gray recognized Fire Chief Rick Ezell. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. Chief Ezell expressed desire in obtaining a position in the "loop of approval" regarding subdivision regulations. He explained problems experienced in dealing with required fire flow, distribution and placement of hydrants in subdivisions. He stated that ISO (Insurance Services Office) rates cities for classification regarding public fire protection adding that is how insurance rates are established. He related that 40% of that grade is obtained from the water system requiring certain flow requirements for commercial and residential areas. He related that placement of fire hydrants is also included in the classification, pointing out that the City is hoping to be re-graded in the next year to year and a half. He said that the City holds a grade five rating obtaining a fourth-class rating, adding that the City hopes to receive a three and possibly a two due to improvements made. He pointed out the importance regarding placement of hydrants within subdivisions relating to the size of equipment using them. He asked that the Fire Department be included in the decision-making process regarding placement of fire hydrants thus offering maximum protection capability. Chairman Gray thanked Chief Ezell, and requested further information regarding review of plot plans, pointing out that during preliminary plat approval overall pattern of development is considered and suggestions are made between preliminary and final plat approval. Chief Ezell stated that the Engineering Department has included Fire Department input, however, he feels that earlier involvement of the Fire Department may help a developer more strategically place fire hydrants giving consideration also to hose lines, which could impede traffic to a greater or less degree. Chairman Gray suggested that an extra effort be made regarding the Engineers who design the plats for Planning Commission consideration. Chief Ezell suggested that the Fire Department and the Water Department both sign off on plans at the time the Water Department usually gives it letter of approval. Discussion ensued as to the benefits under a lower classification rating from ISO and some of the ISO requirements. 9. INFORMATIONAL ITEM: De-Annexation of Wetlands Chairman Gray related that a recent State Law passed re-fencing the De-Annexation of Wetlands. He invited Mike Wilson to address the item of business. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 1997 7:00 P.M. - 8:35 P.M. Mike Wilson related that he asked the City Council to address the detachment of certain wetlands, which adjoins Holland Bottom Wildlife Management Area. He presented a sketch of the acreage proposed for detachment and stated that current law allows to request that uninhabited and unimproved wetlands be detached from the City. He stated that he is presenting the article to the Planning Commission for advice or suggestion and possible effects if any for future City planning. He related that property along Graham Road, Loop Road and the Railroad tracks has been left to serve as a buffer zone. He related that this was done so that in the unlikely event that any development occurred, the City could regulate it. He stated that there is no conceivable municipal use of the property, which is being proposed for detachment. It was noted that development for wetlands is exceedingly difficult and would require permission from the Federal Government, adding that there is no economical or practical sense for development of the property. Mr. Wilson informed the Commission that of the 540 acres total, 408 acres, which adjoins Holland Bottoms, is proposed for detachment. Discussion ensued as to the property setbacks and its surrounding boundaries. It was pointed out that the area along Loop Road and the Railroad is located within the hundred-year flood plain. It was also noted that the City has a five-mile planning jurisdiction and would only be giving up zoning control. It was stated that detachment would create a "zig-zag" effect if there were further annexation of lands along the County line. Discussion ensued involving donation of three ditches toward aiding in drainage. Mr. Wilson assured the Commission that he would give favorable consideration for any need of the land later discovered by the City. ANNOUNCEMENTS: ADJOURNMENT: At this time, Chairman Gray adjourned the meeting at approximately 8:35 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER