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20 DEC 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on December 14, 2020. Chairman Stroud opened the meeting at approximately 6:30 p.m. expressing appreciation to those in attendance. Chairman Stroud offered the invocation. ROLL CALL: Commissioners Mike Dietz, Billy Hall, Jeff Twitty, Dan Brown, Greg Bollen, Chairman Mark Stroud were present and answered ROLL CALL. Commissioners Vivian Brittenum and William Montgomery answered ROLL CALL via ZOOM. Chairman Stroud declared a quorum. PRESENT (8) with Chair, ABSENT (0). One seat open. CORRECTION AND/OR APPROVAL OF MINUTES: Council Member Dietz moved, seconded by Commissioner Montgomery to approve the minutes of the regularly scheduled Planning Commission meetings of November 9, 2020. MOTION CARRIED. PUBLIC HEARING(S): REZONING 1106 W. Main Street from C-2 to C-3 used car sales and repair Petitioner Rudolfo Garza Commissioner Hall recused himself from the item of business. Chairman Stroud opened the public hearing at approximately 6:32 p.m. Mr. Adam Childers addressed the Commission, stating that he is an attorney representing Sierra Auto Corporation and the Garza Family. He noted that he did not represent previously in the litigation that went to Circuit Court that returned the request back to the City of Jacksonville. He related that the Garza Family purchased the property at 1106 West Main for $400,000.00, restating that the family is asking to rezone the property from C-2 to C-3. He stated that COVID has damaged commercial restate. He stated that this property has a building that is sitting empty, noting that they are looking to employ 10 to 15 employees in the City of Jacksonville. He related that the family has owned the property over a year without being able to conduct business. He added that if there are any issues from the community or the City they are willing to address these issues. He noted that the family has kept the property properly maintained for over a year. He noted that there is neighboring car lots in the vicinity. Mr. Daniel Gray noted that last year the Planning Commission had talked about this as a conditional use, noting that a neighboring property has received conditional use approval as a used car lot which is the same conditional use that the Garza family requested last year and were denied. He then noted that several other businesses nearby have received conditional uses, the existing building requires a conditional use for auto repair, any fast food restaurant requires a conditional use in a C-2, automatic carwash requires a conditional use for C-2. He went on to say that it is Main Street, Jacksonville; we have had auto repair, carwashes, towing business, adding that a nice 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. car lot on Main Street would be a great addition to the City. He stated that if there are concerns about Code issue that can be handled by that proper venue, but as far as allowing the Garza family to operate a used car business on Main Street is very appropriate and there have been similar businesses on Main Street. He stated that he would speak in favor of them receiving a conditional use or a rezoning. He added that a conditional use seems to make more sense to him. Ms. Barbara Mathews speaking as a representative from the First Presbyterian Church stated that they are down the street from the proposed business. Chairman Stroud asked Ms. Mathews to wait to speak in opposition to the proposal, noting that currently the floor is open for those wishing to speak in support of the item of business. John Soothforth owner of John Juice Cousin Tracks in Jacksonville, stating that he has been in Jacksonville since the early 80’s. he related that he has owned a car lot in Jacksonville, adding that he has known the petitioners for over 20 years and have done a lot of business with them. He stated that they are honest people and they will do exactly what they are required to do. He stated that he feels it would be great to have it approved. John Beldon stated that he is also speaking in favor of the rezoning, saying that he has worked with the Garza family in the past, they have been honest and fair to deal with. Chairman Stroud reminded everyone this is a rezoning and comments should be about the land and not individuals. He stated that the Planning Commission’s job is to look at the reasons why the property is suitable for a rezoning. John Beldon stated that he does not feel having an empty building makes sense and anything we can do to continue progress and add good businesses to Jacksonville is favorable. Mayor Johnson stated that he would like to relate phone calls he received, saying that Bob Yagos of JB Auto Salvage asking that the Mayor pass on that he is in favor of the rezoning because there is not a lot of difference between a car repair place and a used car lot. Mr. Adam Childers offered that he has a list of businesses, names and addresses that are in support of changing the zoning. He stated that he understands that Mr. Gray had mentioned that it makes more sense to grant a conditional use, saying that his clients are just trying to put a business in place where there is nothing now. He stated that they want to pay taxes, employ people, and make the establishment look good. He added that they are happy to address anything they need to do regarding any concerns of the community or neighborhood. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Chairman Stroud reviewed the list offered by Mr. Childers, noting that not all of the businesses are in close vicinity to this property. He questioned if some of the business owners are citizens of Jacksonville regarding signing the petition. It was clarified that they are Jacksonville business owners. Patrick Thomas stated that as a prior Planning Commissioner he was in support of anything they wanted to do whether it be rezone or conditional use. He related that he attended via Zoom regarding the previous public hearing and it sounds as if everything was done wrong to begin with, and understands why we are here tonight. He stated that he is in support of this because as the points have been made; one Jacksonville cannot afford to say no to another tax collecting entity, another employer, and we cannot afford to have another empty building sitting on Main Street. He stated that he made a point in the meeting almost a year ago; Harold Gwatney, one of the biggest businesses in this town got started just right down the Street. He added that he cannot believe in the year 2020 we are saying no to a business that was very similar to the business that Harold Gwatney started. He stated that on top of that, he feels, Mr. Hall who has recused himself, will speak against this and for him to have his shop right next-door selling vehicles, it is unreasonable to say it’s okay for Mr. Hall and not for the Garza family to sell vehicles. He stated that he believes the building was built by the Dougherty family since they were asked to relocate their Goodyear tire store, that building was built in support of the automotive type business. He reiterated from previous meeting; that building is suited for automotive repair and why would we not want to allow for cars to be sold there. He stated that we should have allowed them a year ago to have their business on Main Street for all the points I made then and now again. He stated that it is unreasonable to deny their request. Jacksonville is not in any position to say no to this and deny their request. He stated that through conversations with the petitioners, they were led to believe by City members before they purchased the property that they asked numerous questions. Chairman Stroud reminded Mr. Thomas that the Planning Commission does not deal in hearsay. He clarified that the Planning Commission does not deal with buildings but land. He went on to clarify that a C-2 district as by ordinance states that a C-2 district is designed to accommodate regional and community shopping centers to provide for a wide range essential commercial services. He then read that C-3 district is designed to primarily facilitate commercial development oriented toward persons traveling by automobile, this district is usually located along US State and Interstate highways. He stated that as Chairman he is asking for anyone to speak to the issues of the property itself. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Mr. Thomas stated that before being interrupted, he was speaking to that and as he recalls one year prior, he was also interrupted during a meeting. Chairman Stroud stated that it was not involving hearsay. Mr. Thomas stated that he is speaking for the City of Jacksonville to approve the request for rezoning or conditional use. He stated that the petitioners were led to believe before purchasing the property that this would be a good deal and good for Jacksonville. In response to a question from Chairman Stroud, Mr. Thomas stated that the petitioners were told that it would work just perfectly fine. Chairman Stroud reminded Mr. Thomas that it is a C-2 property and your telling me on record that they were sold this property with the expressed idea that it was going to be changed to an C-3. Mr. Thomas stated that he is sure no one said that, adding but why would Mr. Gray sell them this property if they didn’t already know that there was going to be an auto dealership put there. Mr. Childers acknowledged that Chairman Stroud had stated that the Planning Commission will not listen to hearsay, but the rules of evidence apply as a matter of record keeping purposes in case it goes back to Circuit Court. He questioned if a C-2 is not appropriate in Chairman Stroud’s opinion, what about a conditional use. Chairman Stroud stated that he is not leading anyone to believe it is or isn't appropriate; that is not my job as Chairman. He stated that he is trying to stay on task of saying that it is currently a C-2 and they are asking for C-3, give me reasons to do that but don’t offer conjecture. Mr. Childers noted that Mr. Hall’s property has a C-2 with a conditional use. Chairman Stroud stated that a conditional use is completely different. Mr. Childers questioned if a conditional use is not appropriate in their case? Chairman Stroud stated that a conditional use request was addressed back in November, and it was denied. Mr. Childers disagreed, saying that was not what was denied. He stated what was denied was for it to be back in front of the Planning Commission for a legitimate hearing. He related that he is trying to get at if you are trying to deny the fact that we are asking for a C-2 with conditional use or a C-2 to C-3; that is what I am asking. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Chairman Stroud clarified that the request is for a rezoning of C-2 to C-3. Mr. Childers added that he also said “or a C-2 with conditional use” but you have again stated that you are not advocating for a C-2 with a conditional use. City Attorney Friedman interjected that at the Court hearing we discussed the conditional use and the Judge agreed that this should go back to the Planning Commission but as a request for rezoning. She stated that it is her understanding that this was advertised as a rezoning request not a rezoning and/or conditional use request. Mr. Childers apologized, noting that he was not at that hearing. Chairman Stroud stated that the Planning Commission is to hear a rezoning only, the conditional use is off the board. He related that is what Mr. Thomas was talking about; the reason I interrupted Mr. Thomas is so that we stay on focus and task to keep this above board so this does not have to be litigated again. Mr. Childers stated we are here again for the second time, and is aware Chairman Stroud had objection at the previous meeting. Chairman Stroud pointed out that he was not the Chairman then he was a Commissioner, saying that he does not have objections as Chairman. Mr. Childers stated that he is trying to express that they are willing to do anything and everything they can legally to have the Planning Commission approve, adding that if there is some reason legally that it cannot be approved from a C-2 to a C-3 please tell me but if it is by a vote, I don’t understand then what the issue is in terms taking this piece of property and putting it into good use on Main Street. Chairman Stroud stated that we need to let anyone else speak to the issue before we have anyone speaking against the issue for fairness. Bob Yagos owner of JB Salvage in Jacksonville, related that he has been in business for over 40 years, adding that Central Motors has been a good customer of his, contributing in a lot of sales to his business, which means sales tax for Jacksonville. He clarified that he is in support of the rezoning. He stated that the business of an upscale car lot would be better for Jacksonville than a car repair business. Britney Garza addressed the Commission saying that it is hard for her to be up here again because she has already been here once. She stated that she wants to convey that they are here to make this happen whatever it takes, we are willing to do legally. She asked that the Commission take into consideration that her father has invested 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. $400,000.00 into this property, she asked her father to raise both his hands, saying that those are working hands. He takes apart engines for a living, so all that money is everything he has and he has put it into this one building with a dream of having an auto repair facility. She pointed out that this is everything that he has, adding that it has really broken her heart and affected me personally to see how much this has hurt him; not being able to run the business. She reiterated that they are willing to do what it takes; if there are neighbors that are opposed to something… We are a Christian run business, we will not interfere with Church operating hours. She then pointed out that they do not work on Sundays. She expressed the hardship of having to pay taxes on the property as well as upkeep. She asked the Commission to consider that this is everything her father had invested in this property. John Mollina related that he is a pastor in Pulaski County, he then offered that it is good for a community to have a combination of business, because it blesses the community. He stated that he believes this is an opportunity for the community of Jacksonville to have another business that is going to give back. He then added that this family is a Christian family so their values are for God and they are going to be a blessing for the community of Jacksonville. At approximately 7:23 p.m., Chairman Stroud opened the floor for anyone wishing to oppose the rezoning. Chairman Stroud read a letter of opposition sent by Tom & Bobbie Burney. “I would like to go on record as adamantly opposed to the rezoning of the property 1106 W. Main Street. With each square foot of asphalt/concrete laid on any property on higher ground than ours, we are flooded when any significant rain falls. We have spent thousands of dollars for remediation of our crawl space and mold contamination of the inside of our home – all because of the increase in water draining onto our property. As this problem becomes worse for us (and our neighbors) we have approached the City for some relief to no available. The only thing they did was dig the ditch deeper in our yards and it is now and it is now most difficult and unsafe to mow. In addition to the flooding problem, we continue to experience increased traffic on this section of North Jeff Davis from drivers who avoid the James and Main intersection and have no respect for the speed limit. The addition of a car lot to this neighborhood can only increase traffic and speeding with no curbs and sidewalks, this will surely endanger the many dog walkers, pedestrians and school children. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Also, this cannot possibly do anything to add to the plan to make Jacksonville a more beautiful and desirable place for new comers to want to live. I implore you, deny this rezoning!” Mrs. Burney addressed the Planning Commission, she stated that she has been under the impression forever, that rezoning was between the Planning Commission and the neighbors, pointing out that Bob Yagos is not even in the City limits. She related that they are not going to be affected like the neighbors. Chairman Stroud stated that it is between the Planning Commission and the neighbors. Mrs. Burney continued that she submitted a petition of 40 plus neighbors. She related that water in her front and back yards is becoming 6 and 8 inches deep. She stated that she has a short-legged dog who cannot go out to do its business. She then addressed the petitioner, saying that it is her understanding that she is proposing to concrete up to Garland. Chairman Stroud redirected Mrs. Burney to only address the Planning Commission. Mrs. Burney returned her attention to the Commission, saying that if they concrete to Garland; they will be so flooded. Chairman Stroud reminded Mrs. Burney the rule of no hearsay. Mrs. Burney stated that when the building on Main Street was constructed, City Engineer Whisker has the ground built up in order to build. He stated that everyone in the neighborhood is going to wash away. She went on to say that she is sorry they invested before having something zoned appropriately for what they want to do, but that doesn’t mean they have the right to decrease the value of my property. She related that it is her understanding that if the Planning Commission approves something that decreases the value of her property then the Planning Commission is liable. She beseeched Planning Commission not to approve the request, adding that they do not want more water running to their property. Chairman Stroud read a letter from the First Presbyterian Church. “The session of First Presbyterian Church of Jacksonville Arkansas met yesterday afternoon at 4:30 p.m. via Zoom and was unanimously opposed to any change in the current zoning ordinances which would negatively impact the Church by increasing the traffic flow and current noise levels”. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Mr. Billy Hall, an adjoining property owner, stated that he already has water problems on his property. He stated that when former City Engineer Whisker had the property raised from the prior construction it has impacted his property. He stated that a gully-washer rain will run in his front door and out the back door of his building. He added that he has worked on this but it is not perfected. He then noted that it is also flooding the Bethel Church behind his building and that has been worked to try and correct. He stated that he does not feel that Main Street, Jacksonville needs another car lot. He then added that he has been in conversations regarding putting a restaurant in his building. He stated that he does not feel that a rezoning to C-3, which is a highway business district. He related that he feels there would be more traffic on Hospital Drive. He then related that he owns rental property behind his Main Street property and his tenants are concerned about traffic, lights, and noise. He noted that school children walk by that area, also this does not meet the City’s economic development plan. He stated that there are other things in mind for Jacksonville that he feels would be more in line with what Jacksonville is trying to accomplish. Chairman Stroud corrected that it is the Comprehensive Development Plan or the Land Use Plan. Mr. Hall related that it was Robert Price is the economic director. Mayor Johnson related that he has received numerous calls from citizens that live on Hospital and Jeff Davis that are against this. He then added that only one business, the Museum, has allowed him to identify who they are, they are against it also. He then answered that the reasons are for increased traffic and eye appeal. Chairman Stroud read another letter from Mrs. Burney, To Chairman Stroud and all the Planning Commission members in regard to the rezoning notice of the property on Main Street, the previous AMICO building and the lot directly behind it on the corner of North Hospital and Garland, this letter is in opposition to changing this property to the C-3 designation. The reason for this opposition is as follows: 1) the negative impact on the neighborhood residential property values, and increase in traffic in a residential neighborhood that already has higher than normal traffic flow, noting that most people test drive a car and like to accelerate and their residential neighborhood does not want to be a part of that. If the new owner were to decide to sell the property, it would be sold as a C-3.” Chairman Stroud agreed, saying in perpetuity it is going to be a C-3. He returned to reading the letter, “for a number of years Jacksonville has been trying to improve its image and desirability, one wonderful example is our new High School, another example is the beautiful library. This business that is across from the Museum, and is near two churches and local businesses does not enhance the Main Street area. Chairman Stroud stated that over 41 residents of the neighborhood signed the petition. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Chairman Stroud reiterated that as Commissioners, we are hesitant to spot zone, adding that spot zoning is actually illegal. He continued saying that as Commissioners we have to have a very high hurdle to get over moving from one zone to another especially when it is not touching any of the same zone. He noted that all of the property is C-2 but the back of the property touches residential. He stated that his contention as a planner is to question why would this not be considered spot zoning. Mr. Childers argued that this business could be one of the locations on Main Street like the Library or the High School which are not eye sores. He added that this could be one of the improvements to Main Street. He offered photographs of the business next door to this property. He clarified that he is speaking to the fact that this building could be good instead of having a negative connotation. Chairman Stroud clarified that Mr. Hall was referring to Main Street not needing another car lot not the looks of the building. Mr. Childers questioned why this business would be considered not to enhance Main Street. He stated that he felt Chairman Stroud was against this from the “get go”. He stated that he could not understand anyone being opposed to this because it is a business that will employ people and pay taxes. Discussion ensued regarding the perceptions of support or lack thereof against the facts being presented. In discussion regarding the letter from the First Presbyterian Church and additional opposition provided by Ms. Mathews via Zoom, saying that the parking lot behind the church was an issue because they felt car lot customers would use their parking lot for parking because of the limited parking at the car lot. She then related that the Church has a small playground there that could possibly be tempting for children if they come to the car lot with their parents, adding that the Church does not want the liability associated with that. She then related that the Church has experienced a lot of vandalism in the past year to the point they had to get a security system installed, saying that they are trying to make it as safe in that area as possible. Chairman Stroud closed the public hearing at approximately 7:13 p.m. and then immediately reopened the public hearing to allow Mr. Childers to readdress the Planning Commission. Ms. Garza stated “we are willing to do whatever it will take – I’m honestly so tired about this whole thing. I don’t know what kind of personal agenda that is trying to be pushed here, but it’s not fair that we are caught in the middle of it. I hate to go against anyone here but you went and attacked my real estate agent for selling us the 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. property in the first place, so the fact that I even have to come and argue before you just seems so unfair. Last time, Mr. Hall was able to vote against us, who is a neighbor and has a conflict of interest. Due to his vote, for a year, we have been stuck, we haven’t been able to make a penny off of this property. There is injustice here”. Mr. Childers interrupted that he would ask Chairman Stroud to recuse himself from at this time. Mr. Childers was informed that Chairman Stroud does not vote as Chairman. Mr. Childers stated, “oh, he doesn’t vote? Then I apologize, but I am typically use to the Chairman voting.” Chairman Stroud stated to Ms. Garza, I have nothing personal against you, and I adamantly deny that I attacked anybody. That is an unfair statement you made, that didn’t happen, I never attacked anybody but I did go and talk with somebody and I am really kind of perplexed about that; because it seems to keep coming back to that person. And, I asked when I was a Commissioner before and not the Chairman; and I will ask you one more time, did you buy this property with the idea that it was going to be rezoned to a C-3 prior to you coming here? Ms. Garza stated I purchased a property, a beautiful property, we purchased a $400,000 property to be an auto repair place, that had a conditional use on it. And the property that we purchased, the person next door, who owns the building next door, he came and requested a conditional use and was granted it. What is the difference between him and I; he’s a white male and he’s Mr. Hall’s renter, that’s the only difference… Chairman Stroud asked Ms. Garza not to degrade people by their race or color. Ms. Garza retorted that you have degraded us, because that is the only difference between him and I. That is the only difference. Chairman Stroud related he is a male and you are a female. Ms. Garza yes, and he is a white male and I am a Hispanic female, that is the difference. Chairman Stroud stated that it is two different properties. Ms. Garza stated he is a white male and he was granted a conditional use and I was not. What is the difference why was he able to do that and not me? What is the difference? 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Mr. Childers interjected that he got involved in the case over a year ago; he apologized to the Commission and Chairman Stroud, saying that it is a very emotional charged situation when you have a first generation citizen in Mr. Garza and his daughter is having to speak for him and his life savings has been invested into the piece of property with the anticipation that he is going to be able to be his own boss and to work as a mechanic himself and to improve this property and to improve this City that he has decided to move to and raise his family. That is why this is so emotionally charged and obviously you can tell when the people next door are doing the exact same thing that we are asking to do. And, the water situation, we are saying that we are willing to do whatever we need to do to not hurt anybody. We are saying that we are willing to do everything that we can, but yet we still feel like there is “blowback”. And, Chairman I know that’s you trying to facilitate the discussion, so I apologize if it felt like I was attacking you or any thing like that. But, that is what we are doing we are pleading with you to allow us to do the exact same thing the neighbor is doing; because this man has invested his entire life savings and his kids’ future on this piece of property to raise and start a business in Jacksonville. That is what it is and that is the reason we are asking and so emotionally charged. I apologize again. Chairman Stroud clarified we as a Planning Commission deal with property and the zones are our bible; we literally have to adhere to those. It was a C-2; we didn’t buy the property, we settled as it being a C-2. You are to convince us why we should go to a C-3, I asked you prior and I still ask you again; because this is a very important point. C-2 is all around you, the Presbyterian Church, Mr. Hall’s side that is C-2 and behind it is a residential area of R-1; that makes this area an island. It is completely circled with only C-2 or residential, why would we not be in violation if we allowed this. I need to have it stated clearly so that we can go that direction, but what I am hearing is “I promise we will” or buildings are this; talk to me about zones, talk to me about why C-3 which is a highway zone for heavily traffic business, why is that conducive to there. Let me help you out, this was read by Robert Price who spoke to this and is part of the development of downtown Jacksonville. And, this also weighs on us because we have to work hand in glove with them. Chairman Stroud read an excerpt from the November 12, 2019 minutes regarding Dr. Price’s statement to the Planning Commission regarding 1106 Main Street: “Dr. Price stated that he can comment on what direction the City is going related to this long-term. He related that he has a Comprehensive Master Plan for economic development in Jacksonville that was completed in 2017. He noted the Plan was endorsed by the Jacksonville Planning Commission and approved by City Council. He explained part of the Plan is the rejuvenation of downtown. He stated that his job is to try to put a plan together to help us have the most rejuvenated downtown we can and typically that is not C-3.” 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Chairman Stroud stated that is why I am asking you to help us as Commissioners to understand why we should go to C-3; I understand the investment, but that is immaterial to what we are trying to do here if that makes sense. Mr. Childers concurred, typically that wouldn’t be the case, but when you look at the surrounding properties, that particular property is going to look good. This is not your typical situation. He stated why can’t this business itself enhance the value of Main Street. I’ve heard so much about this is going to be a blight on the City’s Main Street, I don’t think it is. This family has fought for a year to try and get this in place. They have said over and over again that they are willing to do everything they can do, Code Enforcement, anything. They have hired attorneys, I think that demonstrates the level they are willing to come in and the actual qualities they are wanting to invest. They kept up this piece of property, the property could have set up to a year with weeds growing but it didn’t, they kept it up for an entire year since purchasing. That is my argument for why this is not your typical situation. Chairman Stroud posed the questioned that if the property is sold 20 years from now, it is still C-3, so what is to stop it from becoming a hotel or mobile home park. Mr. Childers stated that he would not be able to answer that question because he wouldn’t be able to know what the City of Jacksonville is going to do. Chairman Stroud reiterated his concerns for a rezoning in perpetuity and the previous considerations for a conditional use. He stated that a conditional use is a lighter footprint than a rezoning. Further discussion ensued regarding the Planning Commission’s concerns for the property going into the future. Mr. Childers stated that it is not necessarily that we are seeking the C-3 but that was the only option that was given, unless I am mistaken. Chairman Stroud concurred, noting that previously the conditional use was denied and that part was not disputed by Judge Piazza. It was just a rehearing because initially it came before the Commission as a rezoning so now it has to come back as a rezoning. Mr. Childers stated that obviously they would prefer a conditional use just like everyone else. We are not trying to seek out any special favors, it’s just that is the only thing we could ask for. Chairman Stroud concurred that it could be requested once it has been a year. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. Daniel Gray addressed the Commission saying that he understands the concerns from the citizens but no matter what type of business is in there, those same issues regarding water drainage are going to be prevalent. He stated that he feels the Engineering or Street Departments need to be addressing those issues regardless of what business is located there. Main Street is zoned commercial, whether it is C-2 with a conditional use or C-2 regular, so I think those issues need to be addressed immediately from a City standpoint and I support those residents having those concerns met. We have got to allow business to operate on Main Street and we have to figure that out. Everyone was aware of the current zoning and what is allowed under the current zoning in the contract, there were multiple offers and unfortunately, we are where we are today. I assume that Jacksonville is pro-business and we want as many people operating and employed in the City as possible. It is not anybody else’s right to tell someone what kind of business they can operate. With no one to speak further for or against the item of business, Chairman Stroud closed the public hearing at approximately 7:44 p.m. City Attorney Friedman clarified with Chairman Stroud that the Planning Commission would be seeking an exception as to why this spot rezoning would make sense; because as a City we have to justify creating a spot zoning. The Arkansas Supreme Court has made it pretty clear that they do not agree with spot zoning, so I think as a City, we are looking for justification of why this would make sense. That is what I was listening for earlier. Chairman Stroud related that is why the question was asked and again I gave as much time as I could for anybody to answer that question. I want to make that clear. Commissioner Twitty questioned what the flooding issues are and have they been addressed, noting that it sounds as if there has been involvement over the past few years. Public Works Director Jimmy Oakley explained that the City has addressed flooding on Jeff Davis. He then added that there could still be issues after making the ditch deeper and installing larger pipes. He then agreed with Mrs. Burney that the ditch is hard to maintain regarding mowing. Mrs. Burney stated that they were willing to pay for culverts but the City denied them. Public Works Director Jimmy Oakley concurred, explaining that you have to have curb and gutter for the water in the yards to have somewhere to go. He went on to say that he is familiar with Mr. Hall’s property, having been called in the past to come and examine the drainage issues behind the Church. He acknowledged that there has been drainage 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. issues there for many years, some of the issue is in inside the property itself regarding getting the water to the roadways before the City can address it. The City cannot go onto private property to address drainage issues. Mr. Childers questioned if the Garza’s could return with a request for a conditional use since it has been longer than one year. City Attorney Friedman stated that there is a 12-month waiting period for each request, adding she is not sure if that covers both the request for conditional use and rezoning. She then stated that she believes it is 12-months for each request, so because the 12-months has already passed for the conditional use her understanding is they can request that again. Mr. Childers clarified that if denied they could submit a request for a conditional use. Discussion ensued regarding placing a C-3 zoning in the middle of surrounding C-2 and it was the general consensus that it is unfortunate that there are as many conditional uses as there are. Mr. Childers stated that he would like to withdraw the rezoning request so that they could return with a request for conditional use. He apologized to the Commission. City Attorney Friedman confirmed the action as appropriate. Council Member Dietz stated that the City does want Jacksonville to move forward and we want businesses but it is hard to spot mix zones. He stated that the public in the area responded to the rezoning issue and the Planning Commission has to consider all sides and protect the citizens and existing businesses. He stated that he is good with the withdrawal and resubmittal. Mrs. Burney asked what the water ramifications would be if a conditional use is approved. Chairman Stroud answered that if the Planning Commission grants a conditional use it can carry conditions. He stated that one condition would be that it is tied to the individual granted the conditional use. He then noted that following that other stipulations can be applied. He pointed out that it would be a good time for citizens to offer their input in shaping the type of approval granted. He stated that R-1 is the most prized zoning in the City and we do not want to disturb our residential zoning. He pointed out that is why a conditional use is a lighter footprint. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2020 6:30 P.M. – 7:51 P.M. City Attorney Friedman stated that JMC §18.92.020 it does not distinguish a request for rezone or conditional use, so regardless of the request you have to wait 12-months before submitting another request, so the withdrawal for this petition is appropriate in order to submit a request for conditional use. Commissioner Brown recognized this as a very emotional issue, adding that he feels better about the withdrawal because it takes the C-3 out of the picture. Commissioner Twitty stated that he also recognizes this as an emotional issue, saying to Ms. Garza he would like for her to trust and believe when we tell you that this Commission does not discriminate on anything. Chairman Stroud reiterated the Commission’s commitment to protect the development of the City. We are not against business but we are for business with good governance. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: Respectfully submitted, _________________________ Susan L. Davitt 15