Loading...
98 JUN 22.doc CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. OPENING REMARKS: Chairman Bart Gray opened the meeting expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Rudy Reid, Bob Walker, Lester Piggee, 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, City Engineer Duane Reel and Marci Wilson of the Engineering Department, Editor John Parham of the Jacksonville Patriot, and interested citizens. GENERAL: AICUZ Study Chairman Gray pointed out that the meeting is a continuation of the efforts of the Planning Commission to create an ordinance with regard to the AICUZ overlay zone. He shared with the audience the previous work of the Commission during the last few months. He pointed out that the City of Jacksonville in compliance with a State law enacted in 1995 requires the City to enact ordinances in the planning area which includes an area which extends five miles beyond the city limits. He related that there is a negotiated area between the Cities of North Little Rock, Sherwood, and Cabot which creates a planning boundary and has been in place for several years. He related that subdivisions come before the County Planning Board and the Planning Commission of the City of Jacksonville. He pointed out that, due to the City of Jacksonville being a home of an Air Force Base, State law sets forth that it enact an ordinance that would create an area that would be compatible with the needs of the base. He said that the Air Force did a study in 1992, referred to as the AICUZ (Air Installation Compatibility Use Zone) Study, setting forth what would be compatible for an Air Force mission establishing some planning criteria for location of installations which will help in pre-planning could be made to keep the air space compatible with the mission of the Air Base. He pointed out that there is special emphasis on the study of 1992 in the State law. He noted that a previous study was done by the Air Force in the seventies. He said that guidance from the County Planning Board and Metroplan has helped the City begin the process of compliance with the law. 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. He said the Planning Commission has worked on the matter since the month of April and in doing so has found that interpretation of the State law is different in many instances. He related that input has been desired from all sources in hopes that the ordinance formed by the City of Jacksonville will be clear as interpretations in the future are made. He presented a handout to the Commission and the audience which was created in an effort to formulate general wording to incorporate the provisions of the law and the meaning as found at the public hearings. He pointed out that they are not in ordinance form as such by the City Attorney. He made reference to notification to property owners, by the City of Jacksonville, regarding past and present meetings with the help of the County Assessor's office. He related that APZ I, a 5,000 ft. extension from the Clear Zone, & APZ II, a 7,000 ft. extension from APZ I, makes about a 15,000 ft. extension from the Air Base to the end of the runways which are approximately 3,000 ft. wide. He stated that the Clear Zone is owned primarily by the Air Force Base. He pointed out that the areas are those of most concern by the Air Force with reference to accidents and that the AICUZ Study encourages restrictions regarding high density. The referred to an overview sheet referencing the AICUZ Study distributed to those in attendance regarding land use restrictions in the above mentioned areas. He invited input from any person who had not appeared before the Commission. Mr. Steven Durand came forward and stated that he is representing Ms. Lila Ruth Pearle whose property is at the end of the runway in APZ I. He pointed out that he felt there will be a limit of property rights and that marketability of property adjacent to the LRAFB will be restricted. He mentioned that he felt there is condemnation of property involved as well as a "taking" of property. City Attorney Bamburg stated that in review of the provisions the Planning Commission is looking at as well as State law which they have been mandated to operate under, it is not viewed as a taking of the property under the concept of how the Supreme Court interprets "takings". He added that if one is deprived of economic use or benefit of the property then circumstances would come into place. He related that however the provisions that are being looked at and have been used by other areas surrounding 2 different CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. air bases don't make such an impact on the restrictions to cause such an economic taking. Mrs. Lila R. Pearle She related that she has paid taxes on the property since 1942 and that her intentions are to go back and live on the property. She said that she feels the government owes her a house, a car, the rent she has paid since she was forced off the property as well a compensation for trees cut. She said that her land is being flooded and feels the Air Force should fix that. Chairman Gray voiced concern for the plight of Mrs. Pearle noting that all things mentioned do not fall under the jurisdiction of the Planning Commission. Mr. Durand questioned whether or not there has been an updated study since 1992. Chairman Gray voiced that he is not aware of any. Mr. Durand questioned any change in circumstances since the 1992 study. Mr. Lucian Gilliam, an engineer from the LRAFB, voiced that every two years there is a review of the AICUZ Study which has been found to be accurate adding that there have been no significant changes since 1992 which would warrant doing a new AICUZ Study. He related that there were about 86 airplanes in 1992, that from that date the number went up to 92 and at present there are approximately 86. He said the number of planes on base has not changed in many years and that nothing has changed which would warrant doing a new AICUZ study. He pointed out that for a time there were some KC135 planes relating that the National Guard changed to C130's, a much quieter aircraft. Mr. Durand questioned whether or not there are plans for runway expansion beyond its present state. Mr. Gilliam related that there is not. Mr. Durand questioned whether or not there is a jurisdictional problem with trying to enact an ordinance with respect to that property without either annexing it or condemning it or using eminent domain. City Attorney Bamburg voiced that all cities in Arkansas have had 3 a five- mile planning jurisdiction, by State Statute, for many CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. many years. He noted that various plans and development schemes are reviewed which are planned for the five-mile area. He said that to his knowledge cases tried in the Arkansas Supreme Court involving the same have been tested in the courts and upheld. Ms. Peggy Richards, a property owner in APZ II, questioned the affect on property value with passage of an ordinance by the City of Jacksonville. She said that there is a Bill of Assurance for her property. Chairman Gray related that almost everything is allowed in Zone II with the exception of a public assembly. He added that the Bill of Assurance will probably be more restrictive than the ordinance will be regarding the use of her land. He said that, in his opinion, the value of her property will not be affected. She questioned a possible decrease in property taxes. Chairman Gray related that the County Assessor would be the one to contact regarding property taxes adding that he did not feel her taxes would change due to anything proposed by the City. She questioned if in the event property is sold would disclosure need to be made regarding zone restrictions or regulations. Chairman Gray voiced that anything that is known about ones property, under the laws of the State, would fall under those guidelines. Mr. Bob Hollinger, who resides in APZ I zone, related that he and his parents have owned their property for thirty years. He pointed out that he plans to pass the land to his two sons adding that he feels that it will basically be worthless. He said that he owns 20 acres and might plan to raise horses and erect a horse arena which he once had and removed on his own, not as a request from the Air Force. He questioned the height limitation for trees in the general area. Mr. Gilliam explained the different elevations and height of trees relating to them expressing that at this time none penetrate the glide slope. Mr. Hollinger questioned that if a tree does grow and penetrate air space, will a property owner be compensated by the government for the tree. 4 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. Mr. Gilliam pointed out that in the 50's the Air Force Base bought easements, adding that an easement on every single piece of land was not obtained pointing out two areas on an aerial map where approximately 80% of easements were purchased. He said that the Air Force has the right due to said purchase to enter and cut trees as the need arises. There were comments made by Mr. Pridmore that intrusions were made in times past by the Air Force with regard to cutting trees without property authority. Mr. Hollinger said that he finds it very hard to trust the Air Force due to pollution of a creek that runs across his property and that of Mr. Piver. He said that he feels they should buy his property above fair market value. He questioned the enforcement of an ordinance passed by the City. He said that his property does not have city water or gas, that he basically has electricity. He added that he has inquired and found that obtaining city water would cost approximately $55,000.00. Mr. Don Bowman related that he owns one piece of property in APZ I and one ten acre parcel in the five-mile area on General Samuels Road and surrounded by the City of Jacksonville by Harris Rd. on one side and Jackson Heights on the other. He said that the latter has the potential of twenty half-acre lots outside the city. He said that he feels both properties would be directly affected economically with passage of an ordinance by the City of Jacksonville adding that he proposes a 500 unit mobile home park for the twenty acre parcel in Zone I. Mr. Lyndon Whitledge, pastor of North Jacksonville Missionary Baptist Church, related that he does not own land in the five- mile area, that he is a citizen of Jacksonville, and that he is religiously and politically involved in the matter. He pointed out that he is not pleased with the maps adding that there is a $10,000.00 fine and a five year prison sentence on the map being used in the decision making process questioning that there is not a metes and bounds description of the zone under consideration by the Commission, a main concern being the location of his church which he hopes is 600 ft. beyond the zone. He presented the Commission a handout and informed them that Jacksonville does not have a charter suggesting illegal action by the City of Jacksonville. He quoted from Arkansas Law 14-39-102 informing the Commission that without a charter they are on their 5 own individually without a strong man to stand behind. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. Chairman Gray requested of Mr. Gilliam and City Engineer Reel that all efforts be made to furnish a metes and bounds legal description of the zones under consideration. Mr. Whitledge contended that an ordinance passed by the City of Jacksonville could restrict religious freedom voicing that he is belligerent when having church is limited. He questioned the overlay plan which he said the right to has not been given by the State of Arkansas. He expressed other concerns regarding the five-mile jurisdiction and error by the City of Jacksonville in restricting the right to assembly as a church. He related that he is pastor of North Jacksonville Missionary Baptist Church. Mr. Colclasure, who owns land in APZ I & II, posed questions regarding regulations that might exclude mobile homes in the five- mile jurisdiction area. Chairman Gray replied that it is not his intention that it would. He questioned the measuring of the decibel levels in relation to freeway activity. He said that basically he would like to see the land in APZ I & II bought by the City of Jacksonville and the Air Force giving them eminent domain over the land in total. Chairman Gray asked of the City Attorney if the Planning Commission has legal reason to be meeting as a representative of the City of Jacksonville, making reference to comments by Mr. Whitledge regarding a charter. City Attorney Bamburg replied, "yes". Chairman Gray commented that the ordinance to be drafted will apply to the five-mile area of Jacksonville, the Clear Zone and APZ I & II zones and to the City of Jacksonville. Chairman Gray presented the following suggestion for ordinance consideration: THE ORDINANCE SHALL RESTRICT OR PROHIBIT FUTURE USES WITHIN THE FIVE (5) MILE AREA: Which release into the air any substance, which would impair visibility or otherwise interfere with the operation of aircraft 6 (i.e. steam, dust, or smoke); CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. Which produce light emissions, either direct or indirect (reflective) which would interfere with pilot vision; Which produce electrical emissions which would interfere with aircraft communications systems or navigational equipment; Which attract large numbers of birds or waterfowl, including but not limited to, operation of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation; That provide for structures within ten (10) feet of aircraft approach - departure and/or transitional surfaces; Which expose persons to noise greater than DN: 75db. Which violate the height restriction criteria of FAR Part 77 Subpart C. Which shall not preclude usual and normal use or single event usage of land such as clearing and burning, having stock ponds, operating radio equipment under FCC regulations, or having ground directed exterior lighting. There was a lengthy discussion regarding the attraction of birds and wording of the same in the ordinance. Mr. Gilliam related that the concern of the Air Force, with regard to the AICUZ Study and birds, was particularly sanitary landfills mentioning some on the east coast which attracted large numbers of big sea gulls. He related that rice fields attract millions of black birds and ducks explaining that "growing of vegetation" means a large expanse of rice or the like. He pointed out that a public shooting area in Holland Bottoms has been no problem, that there has not been a large number of ducks. He suggested that the wording read "which would attract large numbers of birds or water fowl including but not limited to the operation of sanitary landfills". He suggested "rice over one hundred acres" be included. Discussion ensued in reference to birds; as to how many is too many and exactly what type of vegetation attracts birds. Mr. Johnny Piver related circumstances associated with his military and farming career involving the attraction of birds. He 7 stated that he lived in APZ I and has plans to build a reservoir to water CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. crops. He stated that he felt this would certainly attract birds and questioned "how many is a few and how many is too much"? Chairman Gray offered the following wording "which would attract large numbers of birds or waterfowl included, but not limited to operations of sanitary landfills, maintenance of fitting stations or growing of certain vegetation; such as large numbers of sea gulls and other large birds in quantities that create a hazard to aircraft in landing or taking off for normal flight operations". Discussion ensued as to where crashes have occurred and the size bird that might be hazardous to airplanes. It was again questioned how many is too many. Mr. Piver related that humidity and temperature is a great factor in decibel readings; questioning the timing of the last reading and its conditions. Mrs. Bowman questioned use for the property in twenty years. She brought up the fact of county regulations with regard to sewer. Her concerns were that owner rights seem to be threatened with passage of an ordinance by the City of Jacksonville. She mentioned that there is the possibility of a personal lawsuit against each member of the Planning Commission and asked that they refer the matter back to the State, relieving them of the responsibility of passing a restrictive ordinance for the five- mile planning area. Chairman Gray pointed out that the next meeting would be 13 July 1998. He directed the Commissioners to give consideration to the following in the Clear Zone, APZ I & II for wording in a proposed ordinance to be presented 13 July 1998. GENERALIZED LAND USE Clear Zone APZ I APZ II Residential Yes 1 Yes 1 Yes 1 Manufacturing No Yes 2 Yes 2 Transportation, Communications and Utilities No Yes 2 Yes 2 Trade, Business, and Offices No Yes 2 Yes Shopping Districts No No Yes 2 Public and Quasi-Public Service No No Yes 2 8 Recreation No Yes 2 Yes 2 Public Assembly No No No CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JUNE 22, 1998 7:00 P.M. - 8:50 P.M. Generalized Land Use Clear Zone APZ I APZ 2 Agriculture and Mining No 3 Yes 2 Yes 2 __________________________________________________________________ _ 1 Suggested Maximum density 1 dwelling per acre. 2 Only limited low-density, low-density uses recommended. 3 Limited agricultural uses are permitted. He pointed out that family functions are not inclusive in the above suggested wording for an ordinance clarifying that public assembly would no doubt be that of a church or large gathering at a public area. He related that allowing churches as a conditional use could certainly be given consideration. He related that a "grandfather clause" would set forth that anything in the area at the time of ordinance passage could remain as such. He suggested that with the help of City Attorney Bamburg in preparing an ordinance in a general form for the 13 July 1998 meeting it might be possible to then have a public hearing in August regarding the same. He made note that an invitation to the County Planning Board, Metroplan and members of the Quorum Court would be in order for the public hearing. Commissioner Hardwick mentioned that a minimum with regard to insulation will need to be included in ordinance that will comply with the AICUZ Study. Chairman Gray voiced appreciation to those in attendance and requested that they help as an ordinance is formulated. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:50 p.m. Respectfully, 9 Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER 10