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98 APR 27.doc CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. OPENING REMARKS: Chairman Gray opened the Planning Commission meeting at approximately 7:05 p.m. and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, Lester Piggee, Mark Perry, and John Hardwick answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT EIGHT (8), ABSENT (0). (One opening on the Planning Commission) Chairman Gray asked for a show of hands regarding notification of the meeting asking that those wanting on a mailing list come forward after the meeting and register with the City Clerk. It was noted that all commissioners had received the AICUZ study and information from the City Attorney with reference to court related cases which might be helpful to the Commission in their decision making process. Mrs. Dana Nixon voiced that the cases received are pretty clear on the general statements as to what government can do in the sort of situation the Commission is dealing with, noting the Dolan vs the City of Tigard which is a United States case of 1994. She related that it sets forth, with regard to land use regulations, that the City will have to have a legitimate governmental interest that it is trying to advance and that the property owner has to be left with some economically viable use of their land. She added that she felt there is clearly governmental concerns in the issue before the Planning Commission, protection of the public and Little Rock Air Force Base personnel and also the protection of a fairly substantial economic base in the community. She said that the City has to be careful with is leaving the land owners with some economically viable use of their property, which she related may be allowing the use of one acre residential plots. She pointed out that a main issue is in the area of "grandfathering" property which can be done several different ways. She added that more information is needed on the "grandfather issue" before a decision by the Commission relating that the memo from City Attorney Bamburg is pretty clear regarding said issues. She said that she has spoken with one of the Little Rock City Attorneys and that a huge amount of information is available on the "grandfather issue" adding that the City carefully drafted an ordinance with reference to the same. 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. AICUZ STUDY CONSIDERATION: Chairman Gray asked for input from the Commission regarding the AICUZ study. Commissioner Corroum noted that the study was done some time ago and is based on C-130 operations from the main runway and the assault zone. He said that whatever is done the Commission needs to focus on the fact that there may be a change in the future with regard to the type of aircraft that may be flown at the Little Rock Air Force Base. Chairman Gray noted that state law refers to the study by date, 1992. He referenced that particular study, noting the predominant geographical description which is the Clear Zone, APZ 1 and APZ 2 asking if the sound areas would change if the base had a different mission. Commissioner Corroum said that the areas wouldn't change adding that the stats listed on page 7 of the study indicate that air force accident studies have found that of those studied 80% related to fighter and trainer aircraft operations with only 20% relating to larger aircraft being bombers etc., and not transports. He pointed out that the study itself suggests an update every two years and that the air force personnel should attend every meeting of planning commissions etc. He said the Commission should take into account a formal update of the base plan and more direct interaction with base personnel. Commissioner Hardwick related that the obligation of the Planning Commission at this point is to look at the AICUZ study as referenced by date in state law mandating action by the City. Commissioner Walker voiced that he agreed with Commissioner Corroum that the APZ zones 1 & 2 will not change and that it would be a good idea to have base personnel present for Planning Commission Meetings. Commissioner Hardwick remarked that he did not feel considerations should be limited to APZ zones 1 & 2 but that all the area should be encompassed noting noise and height restrictions. Chairman Gray related that FAR regulations might have restrictives already in place pointing out that Federal Aviations (part 77) is mentioned in the law. CITY OF JACKSONVILLE, ARKANSAS 2 SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. Chairman Gray asked for input referencing the AICUZ study and what applied to areas outside APZ zones 1 & 2. Commissioner Hardwick referenced AICUZ study Volume One, page 14 regarding noise contours affecting land use. Chairman Gray pointed out that information is needed from LRAFB referencing FAR Part 77 concerning noise factors as to what would be done to bring into an acceptable level a residential house or other facility including heighth restrictions. A comparison was made with regard to the state law and the AICUZ study with reference to: Section A, 4.3 Policy 3 has the same wording as in Section 3 of the state law. Chairman Gray read from the state law; "For areas outside the clear zone, APZ 1 & 2, the AICUZ study indicates that our ordinance shall restrict or prohibit future uses within the five-mile area which (a) which release into the air any substance which would impair visibility or any otherwise interfer with the operation of aircraft i.e., steam, dust, or smoke; (b) which produce light emissions either direct or indirect reflective which could hinder the pilots vision; (c) which produce electrical emissions which would intefer with aircraft communication systems or navigational equipment; (d) which would attract birds or water foul including but not limited to operations of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation, (e) that provide for structures within ten (10) feet of aircraft approach-departure and/or transitional surfaces; (f) which expose persons to noise greater than DNL 75 db." Chairman Gray pointed out that within the five-mile area, if the City does nothing more than what is stated in the law, grandfathering in everything within the area, not changing anything, the wording of an ordinance that generally reflects the particular issues just read, nothing would be out of compliance. Commissioner Hardwick pointed out that there may be some areas more dense in development than the AICUZ study suggests. He related that he felt it would be good if the City could get the LRAFB to say, other than the clear zone, Accident Potential Zones 1 & 2, at this time that they know of no infringments on 84.3, policy 3, at the current time. He noted decibel levels also. Chairman Gray noted areas of concern: information ref: FAR Part 77 areas of non-compliance outside APZ 1 & 2, explanation ref: noise levels which do come outside the zones, adding that the Commission could work toward a part of an ordinance addressing that area. 3 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. CLEAR ZONES AND APZ 1 & 2 It was determined with the help of Commissioner Corroum that no person(s) live in the clear zone. Chairman Gray recognized Commissioner Hardwick to read from House Bill 16, which calls for action by the City in Section 1, and Section 2, as follows; that the ordinance, drafted by any city, shall not prohibit single family residential use on tracts an acre or more in area, provided that future construction shall comply with "Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations" Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the City's existing perit and inspection ordinance and procedures. Chairman Gray voiced that the foregoing statement would be one thing that the City would not limit by state law. He asked the Commission to compare said statement to the AICUZ study. He related that from information provided the Planning Commission during meetings past and future there will be a recommendation to the City Council with a public hearing on a proposed ordinance. He pointed out that the public will be made aware of all meetings. AICUZ study Volume 1, page 14-19 It was pointed out by Commissioner Dana Nixon that the study does not allow anything with regard to residential, single family detached, adding that obviously the City is mandated to allow what is referenced in Section 2 of State Law House Bill 16 and should ignore the AICUZ study on that point. She also pointed out that the AICUZ study in APZ 1 sets forth uses of the land that will not attract large numbers of people gathered in one area namely public assemblies, schools, shopping centers, large retail trade operations etc. Chairman Gray voiced that apartments, or multi-family units are undesirable in said area. He noted that parks are allowed, agricultural, livestock, and nature exhibits. Commissioner Walker pointed out that the study sets forth low density with regard to anything allowed. Chairman Gray called for those living in APZ 1 to come forward and identify their parcel on a map displayed in the Council Chambers. He requested input with regard to future land use. 4 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. Ms. Nancy Jones, 6333 Madru Rd. stated that she has lived on her forty acres since 1963. She related that there are five children who are heirs to the property and that no subdivisions or such like is planned for development. She expressed concerns that the quality of their lives is being taken away also relating that the City is labeling the property hazardous which devaluates it. She voiced that she feels home insurance will increase and that she was concerned about being able to clear property noting the smoke regulations mentioned in the study. She questioned taking the common good of one person and giving it to another. She voiced concern that homes may not be able to be improved or repaired when the need arises. She asked whether or not compensation will be made to property owners if her property is devaluated. Chairman Gray voiced that the City has not labeled any property hazardous and that concerns will definitely be given consideration in the decision making process. Commissioner Hardwick asked for a copy of the restrictions to which Ms. Jones was making reference. It was determined that information, other than from the City of Jacksonville, has been distributed within City Hall. He related that the purpose of the Planning Commission is to make sure that the base does not close as per the law that was passed by the State of Arkansas. He voiced that he felt all the property owners might be upset if a neighbor did something which caused the base to close and caused property values to go down. He stated that the Planning Commission is not trying to restrict land use as seems to have been indicated. He said that the City does not know of anything at the present that is in non-compliance except that some dwellings may not have been built following proper noise level guidelines. He said that to his knowledge everything he has heard is that a "grandfather clause" will be used on things as they exist at this point. He pointed out that the City has not labeled any land hazardous, that there is some erroneous information on a document that was not circulated by the LRAFB, the Planning Commission or the City of Jacksonville. Mr. Hardwick related to Ms. Jones that the AICUZ study maps are from the 1992 publication and that if property use, insurance, etc. has not been affected up to this time, he did not feel anything would change. Chairman Gray tried to identify information distributed by the 5 City of Jacksonville. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. Commissioner Walker reiterated that the meetings are to help the Planning Commission arrive at a recommendation to the City Council, that, at this time, there has not been any restrictions set in place from the Planning Commission. He said to his knowledge, there are no secret documents held by the City of Jacksonville. Ms. Lila Ruth Pearl of 704 M. St., North Little Rock addressed the Council with reference to her property, 160 acres, on Madru Road. She asked the Commission to protect her land after relating why she does not live on the property. Mr. Ralph Pridmore , owner of a parcel, number 58 in APZ 1 and 2, related that his land, part of which is fenced and pastured, is a home place and that the property has been in his family in excess of 100 years. He related that he is currently in the process of clearing and was planning on doing some burning on seventeen (17) acres right behind the runway. He pointed out concern that his property will not be at his disposal if he should need to sell it. He related error by the base in tresspassing on his property as well as tree-cutting. He pointed out that he has not been notified of either meeting held by the Planning Commission on the matter. He questioned making plans that affect the property owners and do not affect the City for the future when the future is unknown. Chairman Gray voiced that anything being given consideration by the Planning Commission has nothing to do with persons tresspassing on private property. He pointed out that the City is not dealing with the Air Base in the matter at hand and he encouraged Mr. Pridmore to deal with the base with regard to easements. Mr. related that the word accident on the maps indicate something being hazardous. He related to the AICUZ study as being untrue with regard to consistent flight patterns on certain hours of the day. He requested that the Planning Commission question the Air Force with regard to the matter. Chairman Gray voiced that the Planning Commission has tried 6 diligently to notify those interested in attending the meetings by mail-outs, newspaper, etc. It was suggested that churches be advised of meeting dates. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. Mr. Thurman Lewis 5832 Hawkins-Loop Rd. related that his property is parcel #59 and that his property is pasture land and meadows. Mr. Ron Colclasure of 6318 Macon, owner of tract 20 informed the Commission voiced that he did not feel the Planning Commission realizes what it is developing regarding the freedom in use of property. He questioned the Commission regarding their knowledge of "Glide Pattern Rights" which he said is in public record and was abdicated twenty (20) years ago. He commented on the rights, neglected by the Air Force, adding that the study some twenty (20) years later wants to encroach on the property rights just for the sake of the playcating the possibility that they may or may not stay. He said that the City has the right to leave the property owners alone. He noted that the matter is a big responsibility and a history making type thing. He questioned services provided by the city if an ordinance is passed regarding rights of the people within the five-mile jurisdiction. He voiced that he felt action by the Planning Commission is not right. Mr. Don Bowman, #16 Mohave, Sherwood voiced that he has a 20 acre parcel with a double-wide mobile home on it and an abandoned mobile home park which in the past contained as high as three mobile homes and one old house. He said that he did not think the Planning Commission is right in what it is doing. He said he felt the law under which the commission is operating under can be knocked in the head by a constitutional challenge. He related that he personally will sue the City. He pointed out planning areas in Sherwood and North Little Rock with regard to their population. He expressed his feelings regarding the state law setting forth the mandate calling for action by the City of Jacksonville adding that said action is for monetary gain as he threatened pickiting of stores within the city limits. He also pointed that tresspassing on his property by the Air Force has taken place as well as tree-cutting. He said that the taking of property is illegal. Chairman Gray thanked Mr. Bowman for his remarks. He made the following remarks regarding the next meeting of the Planning Commission; (1) a formal update from Base Personnel (2) find out information with reference to FAR Part 77 (3) P. 14 with reference to noise contours (4) seek information from the Air 7 Force, in writing, with reference to any non-conformance in all zones (5) gather information regarding a "Grandfather Clause" which Commissioner Nixon said she would obtain from Little Rock attorneys. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 27, 1998 7:00 P.M. - 8:45 P.M. Chairman Gray announced the next regular Meeting of the Planning Commission at 7:00 p.m. for 11 May 1998. He related that the regular business of the evening will proceed as usual with continuation of the discussion regarding APZ 1 & 2 after said business is finalized. Commissioner Hardwick requested that the Base come prepared to give the Planning Commission some guidance making reference to concerns expressed by land owners regarding tree-cutting on their property. Mr. Lyndon Whitledge requested the legal brief which City Attorney Bamburg presented to the Planning Commission. A copy was provided Mr. Whitledge. Chairman Gray adjourned the meeting at approximately 8:45 p.m. Respectfully submitted, ___________________________ Lula M. Hawkins City Clerk-Treasurer 8