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14 MAR 18 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING MARCH 18, 2014 6:30 P.M. – 6:38 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on March 18, 2014. Chairman Ott opened the meeting at approximately 6:30 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Peacock, Jr., Scott Scholl, Jim Moore, Avis Twitty, Rick White, and Alderman Bill Howard answered ROLL CALL. Chairman Ott also answered roll call and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Jay Whisker, Director of Administration Jim Durham, Danny Martindill, Hubert Alexander, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: PUBLIC HEARING(S): CONDITIONAL USE of C-2 in M-2 zone for 2221 West Main Street tabled at the March 10, 2014 regular Planning Commission meeting Chairman Ott opened the public hearing at approximately 6:31 p.m. Petitioner Danny Martindill stated that the business has been there for 30 years and he is requesting to continue to operate it. City Engineer Whisker concurred that Mr. Martindill’s club has been there for 30 plus years, adding that his attorney had stated at the last meeting that they did not feel that they need to be here but were on the behest of the City to ask for a conditional use. He stated that the City feels the operation stopped and then restarted; therefore they need a conditional use. He stated that the formal request is for a nightclub in an M-2 zoning. City Attorney Bamburg stated from his understanding of the previous meeting there were questions regarding whether the City has the authority to address hours of operation for a nightclub. He stated that State statute does allow for such, however; the City of Jacksonville has not yet enacted such an ordinance. He added that he has been asked to formulate an ordinance to be presented to the City Council. He stated that if consideration is given to the request, he would advise that Mr. Martindill abide by whatever terms and conditions the City Council approves regarding the hours of operation ordinance that is set to go before them. With no one else wishing to address the item of business, Chairman Ott closed the public hearing at approximately 6:35. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING MARCH 18, 2014 6:30 P.M. – 6:38 P.M. Commissioner Moore moved, seconded by Commissioner White to approve the Conditional Use for Mr. Martindill to operate the Upscale club at 2221 West Main Street, as a C-2 business in an M-2 zone, stipulating 1) the Upscale club must adhere to local and State rules in operations of the business at this location, 2) If the City Council enacts an ordinance that limits the time of operation then Mr. Martindill will adhere to whatever operation limitations are included in the ordinance, 3) This conditional use permit becomes invalid when these conditions are not complied with and/or the Upscale club ceases to operate. This conditional use permit is not transferrable. Commissioners Peacock, Scholl, Moore, Twitty, White, Alderman Howard voted AYE. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Ott without objection, adjourned the meeting at approximately 6:38 p.m. Respectfully submitted, _________________________ Susan L. Davitt