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98 JUL 20.docCITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JULY 20, 1998 7:00 P.M. - 8:10 P.M. OPENING REMARKS: Chairman Bart Gray opened the meeting expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Mark Perry, and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT (2). (ONE opening on the Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, Deputy City Clerk Susan Davitt, Marci Wilson of the Engineering Department, interested citizens and Editor John Parham of the Jacksonville Patriot. GENERAL: PROPOSED ORDINANCE: AICUZ Study APZ I & II and Five Mile Planning Jurisdiction considerations Chairman Gray asked that the Commission review the revised draft of the ordinance and make recommendationSfor any further changes. It was noted that suggested changes from the previous meeting have been underlined in the revised ordinance draft. The original and revised ordinances as presented on 13 July 1998 and 20 July 1998 are on file in the office of the City Clerk. City Attorney Bamburg delivered a brief overview of the changes requested at the meeting of 13 July 1998. He related that he received input from Lucian Gilliam regarding clarification with regard to definitions in 18.66.010. He further reviewed changes and stated that he would like to make further adjustment with regard to that section dealing with DEFINITIONS as follows: "Remains in existence if the principal purpose and use of said property is not altered by the modifications or reconstruction of said structure." Chairman Gray pointed out that in the matrix included as page six of the draft ordinance allowing the use of a church in APZ I and APZ II is noted as a permitted under public assembly. City Attorney Bamburg said that note 2 also applies to the circumstances of manufacturing, public and quasi-public service and recreation in zones I and II. Commissioner Corroum pointed out that the matrix shows that a residence may be built in a clear zone which Chairman Gray said is CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JULY 20, 1998 7:00 P.M. - 8:10 P.M. allowed by state law. After discussion, it was the consensus of the Commission that it be disallowed in the final draft due to the fact that any structure higher than 6 feet would pierce the approach slope. (information with reference to FAR regulations to be referenced on this point through Mr. Lucian Gilliam) Commissioner Hardwick suggested that the following wording "non-conflicting" be added to the last sentence of the first paragraph in this manner; or under the "non-conflicting" guidelines of the AICUZ study. It was pointed out by City Attorney Bamburg that on page two of the draft ordinance, paragraph one, the last line should read; "In the event a structure is damaged, lost, or destroyed by fire, natural disaster, or act(s) of GOD, the use of said property shall be deemed to have remained in existence when the principal purpose and use of said property is not altered by the modifications/reconstruction of said structure". Commissioner Hardwick questioned the inclusion of 18.66.050 as well as 18.66.040 under 18.66.060 with regard to Enforcement. The consensus of the Commission was that it be included as suggested. Commissioner Corroum related that in the paragraph on page four referencing an annual public event such as open house at the LRAFB, he felt the language should read as follows; "These prohibitions and restrictions are not to be construed so as to preclude or prohibit the normal and reasonable use (or single event usage) of real property within the OD by owner(s), agent(s), or lessee(s) to include but not be limited to clearing and burning trash and yard waste, maintaining stock ponds, vegetable gardens, or landscape vegetation, maintaining and/or operating radio and communication equipment within the parameters of FCC rules and regulations, maintaining and/or operating reasonable exterior lighting on the property and/or sponsoring an annual public event such as the LRAFB displaying and demonstration of various aircraft." Commissioner Hardwick pointed out that the last sentence on page one might need to be modified. City Attorney Bamburg said that he would alter the wording on the draft forthcoming. Commissioner Corroum suggested that the word installation be deleted in the second sentence and the word military be deleted from the third line of the first paragraph. It was noted that APZ I & II should be changed to roman numerals. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JULY 20, 1998 7:00 P.M. - 8:10 P.M. Commissioner Walker noted that on page three under 18.66.050, the word "Jurisdiction" should be used instead of Commission. Chairman Gray pointed out that at the public hearing, any correction or recommendation will be received as well. He requested that City Attorney Bamburg take the suggested changes and prepare a draft to be presented at the 10 August 1998 Regular Planning Commission Meeting during which a public hearing will be held to discuss the ordinance. He requested that the public hearing be published in the Jacksonville Patriot, the North Pulaski Leader, the Quorum Court, representatives from the LRAFB, Metroplan, a representative of the Pulaski County Planning Board, Mayor Swaim and the City Council, representatives from Sherwood and Cabot or members of their planning bodies and that a mail-out be made to property owners informing them of the meeting. There was a short discussion regarding enforcement with the general consensus that it will be carried out in like manner that it is done within the City; violations being reported by adjoining property owners of those not complying with the regulations, the LRAFB, the Health Department, Water Users Association etc. with a system being developed by the City as is necessary. Chairman Gray pointed out that a subdivision on the west end of the zones, off of Hatcher Road, should be given consideration in that the lots are under one acre and may need to be listed specifically in the ordinance. City Attorney Bamburg said that he would research the matter with regard to wording designating a recorded subdivision. Mr. Lyndon Whitledge offered a suggestion that low-intensity and low-density be explained more clearly by definition. City Attorney Bamburg agreed to work on the suggestion. A question regarding the length of time the ordinance will be in effect was asked by Mrs. Lila Ruth Pearle. Chairman Gray referred to the first paragraph of the draft ordinance with the response of, as long as there is an active military aerodrome. There was a short discussion regarding concerns that did not apply to the wording in the ordinance. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JULY 20, 1998 7:00 P.M. - 8:10 P.M. Chairman Gray expressed appreciation for those in attendance and requested that they attend the public hearing on 10 August 1998. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:10 p.m. Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER