1998J
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. PUBLIC HEARING(S):
7:00P.M.
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
7:00P.M.
JANUARY 12, 1998
Rezoning of a parcel of
property located on ·Redmond
and General Samuels Road
(Petitioner: Mr. Jim Lemmon)
Represented by Smith and Asso.
Regular Planning Commission
Meeting December 8, 1997
PRELIMINARY & FINAL PLAT:
Lot 7 & 8 Scenic Bluff
Subdivision
(Petitioner: Ben Rice)
Represented by Bond Engineering
(Plats included in packet)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
In the absence of Mayor Swaim, Commissioner Bart Gray called the
meeting to order for the purpose of electing a chairman, vice
chairman and two members to the Board of Adjustment.
Commissioner Hardwick moved, seconded by Commissioner Walker that
Bart Gray be nominated by acclamation.
Commissioner Walker moved, seconded by Commissioner Hardwick that
nominations cease. MOTION CARRIED.
Chairman Gray expressed appreciation for the nomination and pledged
that he would be glad to serve during the coming year.
Commissioner Corroum nominated Art Brannen whose term ended in
1997.
Commissioner Hardwick moved, seconded by Commissioner Walker that
Mark Perry serve as Vice Chairman of the Planning Commission and
Chairman of the Board of Adjustment.
Commissioner Walker moved, seconded by Commissioner Corroum that
nominations cease. MOTION CARRIED.
Commissioners John Hardwick and Bob Walker volunteered to serve as
members of the Board of Adjustment for the year 1998.
ROLL CALL:
Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker,
Mark Perry, and John Hardwick answered ROLL CALL. Chairman Gray
answered ROLL CALL and declared a quorum. PRESENT SEVEN (7),
ABSENT (O). (Two openings on the Planning Commission)
Others present for the meeting were City Attorney Robert Bamburg,
City Engineer Duane Reel, Marci Wilson, Aldermen Keaton, Mickey
Anders of the Chamber of Commerce, Fire Chief Rick Ezell and Fire
Inspector Charlie Pope, petitioners, and a member of the press.
PUBLIC HEARINGS: 7:00 P.M.
Rezoning of a parcel of land located on Redmond and General Samuels
Road (Exhibit "A" being the East 585 feet from M-2 to C-3, General
Commercial and Exhibit "B" being the West 700 feet from M-2 to R-3,
Multi-family) so designated in a drawing submitted to the City
Clerk.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
Chair.man Gray opened the public hearing at approximately 7:05p.m.
Mr. J. C. James, Associate Broker with Smith and Associates,
represented the petitioner, Mr. J.L. Lemmon of Bentonville,
Arkansas, President of J.L. Properties, Inc., a real estate
developer. He expressed that there is approximately eleven (11)
acres on which Mr. Lemmon desires to build a fifty (50) unit
apartment complex and a covenient store. A plan was submitted to
the Commission by Mr. James regarding the project.
He introduced Mr. Jim Lemmon who presented a sketch to the
Commission showing a twenty (20) ft. natural buffer of trees along
General Samuels Road. He explained that plans are to construct the
fifty (50) unit apartment project on the western portion of the
property which will appeal to people of above average income
levels. He pointed out that a convenient store is planned to be
constructed on the immediate corner of General Samuels and Redmond
Rd. He pointed out that the remaining land is requested to be zoned
commercial and will be developed as demand arises.
He pointed out that in 1978 the parcel was purchased by a company
known as Butcher Boy Foods and that since that time has lain
dormant adding that he has the property under contract to purchase.
Mr. Larry Hamshire and Mrs. Beth Hamshire of 2800 General Samuels
Road, both expressed concerns for the following; privacy of
residential homes in the area, designation of 2.3 miles of
industrial zoning with regard to land use with the possibility of
spot zoning if approved, and traffic increase with apartment
dwelling in the area. He expressed appreciation for all development
within the City.
Mr. Patrick King of 3300 Mary Street did not favor the apartment
complex in that the possibility of crime would increase and
devaluate homes in the area.
Chair.man Gray closed the public hearing at approximately 7:25 p.m.
Rudy Reid declined to enter in the discussion and voting process
due to the fact that he might be personally involved through the
employment of his wife with Smith and Associates.
Commissioner Hardwick asked about the availability of M-2 land in
the City.
Mr. James pointed out that he is aware of forty (40) to fifty (50)
acres of M-2 zoned land available for industrial expansion.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
Chairman Gray recognized Mr. Mickey Anders who voiced that the
availability of industrial land is a serious and critical issue for
the City of Jacksonville pointing out that there is a one quarter
acre tract that has a contract on it, a seventy (70) acre tract
that is developable that the foundation has control over. He said
that there is one other tract that is privately owned pointing out
that the city has sold ninety (90) acres of industrial property in
the last year.
City Engineer Reel pointed out the location of the parcel on the
land use map.
Mr. Lemmon stated that he has developed four other similar sites,
one other in Jacksonville. He said that he feels it is a better
housing development for communities rather than a two or three
hundred unit complex. He said that those proposed in the request
are not luxury apartments. He related that information regarding
apartment complex construction in the City indicates that the last
was done in the early 80's.
Mr. Hardwick questioned separating the request into parts and
dealing with each individually.
Mr. Lemmon stated that he preferred to have the request acted upon
as a whole.
Design was questioned by Commissioner Corroum in relation to the
overlay zoning and Chairman Gray pointed out that in the rezoning
request a consideration for building would not be a .factor. He
said that the overlay zoning would submit to present zoning unless
the community gets more restrictive in their requirements. He
related that the AICUZ Study would be predominantly for those
undeveloped areas.
Commissioner Hardwick voiced that he felt the availability of M-2
zoned land first needs to be addressed before any change in zoning
of the parcel noting that he was sensitive to the concerns of
homeowners regarding apartments. He also pointed out that
permitted uses in M-2 zones might be worse.
Commissioner Nixon voiced concerns with regard to the apartment
complex and increased traffic in the area as well as M-2 zoned land
availability.
Commissioner Nixon moved, seconded by Commissioner Hardwick to deny
the rezoning request of Mr. J.L. Lemmon for the rezoning of a
parcel located on General Samuels and Redmond Rd. legally described
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
in the minutes of this meeting as Exhibit "A". MOTION CARRIED.
Rudy Reid abstained from the voting process.
Chairman Gray explained that a permitted use for commercial (C-3,
C-2 which would require a variance) might be applicable in the
event the commercial (convenient store) endeavor is pursued in
response to comments from Mr. Lemmon.
Consideration of the commercial zoning as requested was not given
any other consideration by the Planning Commission.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Perry to
approve the minutes of the Regular Planning Commission Meeting of
November 10, 1997. MOTION CARRIED.
REQUEST TO APPROVE BUILDING PERMITS:
REQUEST TO APPROVE PLAT: PRELIMINARY & FINAL PLAT LOTS 7 & 8
SCENIC BLUFF SUBDIVISION
Mr. Tommy Bond represented Mr. Jim Lemmon, developer. He related
that a similar complex and convenient store is planned for lots 7,
zoned for multi-family, & 8, zoned C-3, of Scenic Bluff Sub.
He said that sewer availability would be from Gravel Ridge which
would be addressed in a site plan whenever the developer gets to
that stage and would be brought back before the Commission.
Chairman Gray voiced that the request of the Planning Commission at
the last meeting was for a preliminary plat which should provide
information for the implementation of all the utilities making sure
the Commission has the plan pointing out that a final plat should
show finalization of the improvements for street and drainage plans
and presentation of letters concerning approval for utilities.
Mr. Bond stated that all improvements are in place until there is
some development. He said that no sewer is available until a
development plan of how much is needed has been finalized.
Mr. Bond said that final plat approval is desired so that financing
can be finalized. He said that the lender prefers to deal with a
final plat.
It was pointed out that the property is on a metes and bounds legal
description.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
Mr. Lemmon stated that there was an oversight at the time the
property was purchased; that in presentation of paperwork, lots 7
and 8 were indicated as platted. He said that he learned later
that the lots were included in a preliminary plat, originally
presented to the Planning Commission by Mr. Ben Rice, as the
Jackson Heights Subdivision.
He said that preliminary plans are underway for a development plan
noting earlier contacts with the Water and Sewer Districts in the
area. He added that he intends to develop according to City
ordinances and plans.
It was noted by Commissioner Hardwick that at the last Planning
Commission meeting a request for a new Preliminary Plat was made
and he pointed out that the original preliminary plat had expired.
City Engineer Reel related that the Water Commission has agreed to
work with Mr. Lemmon with regard to getting adequate water out to
that point.
Mr. Bond stated that the particular issue was discussed by the
Water Commission at a meeting on 22 January 1997. He said their
minutes reflect that at that time, a similar apartment complex was
proposed and the Water Commission proposed that a six (6) inch
line be installed to replace a two (2) inch line now in place. He
related that the Commission offered to pay the difference between
a six (6) and an eight (8) inch line to provide adequate service
for the development. He said that Mr. Koops ran a model of flows
which indicated 918 gallons per minute at the top of the hill.
He said that the Water Commission in their minutes reflected that
1000 gallons per minute was needed for adequate supply to the area.
He said that, subsequently, Fire Chief Rick Ezell feels greater
flow is needed in accord with what is built.
Mr. Bond said that there is a two inch line with a blow off which
ends at the corner to lot 8, the configuration being changed since
first presented to the Commission in a preliminary plat of the
Jackson Heights Subdivision. He said that there is an eight (8)
inch line to the last street in Jackson Heights and that a two (2)
inch line, on the north side of General Samuels, has been extended
all the way down to the intersection.
He said that the issue will be discussed at the next meeting of the
Water Commission. He added that a stand pipe or some type of
elevated storage may be requested for the development.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
He said that there is adequate water protection for residents with
the help of water pressure from North Little Rock.
Fire Chief Ezell voiced that the area, approximately three or four
years ago, is one where a moratorium restriced building residential
due to the lack of fire flows. He related that ISO tested the area
recently and that pressure was found to be very low. He said that
he met with the Water Commission and expressed that the water flow
needs to be increased to 2500 to 3000 gallons per minute for this
type of commercial development. He said that the code would reduce
that if the property developer would install automatic sprinkler
systems. He related that he is concerned with commercial
development when the minimum is met with regard to residential
already on the system. He said that pressures there now depend on
the North Little Rock system which could be reduced for 48 hours
adding that a minimum of 20 PSI is required when flow is taking
place and if PSI goes below the minimum, the risk of contamination
is present.
He related that if the developer comes up with automatic sprinkler
protection, automatic fire detection, and a stand pipe where
additional water is put into storage, his concerns could altered.
He said that as things exist, he would not be comfortable with the
proposed development.
Chief Ezell stated there is an 8" line extended to the Madison area
on out and then a 6" off of that where a fire hydrant is needed.
Mr. Bond said that an 8" line now exists for the Jackson Heights
area and terminates at the end of the subdivision.
Mr. Bond asked for consideration of the Preliminary Plat of Lots 7
& 8 with continued discussions with the Water Commission and at a
later date return with a Final Plat.
Commissioner Hardwick moved seconded by
accept the Preliminary Plat of Lot 7
Subdivision as presented. MOTION CARRIED.
Commissioner Nixon to
& 8 of Scenic Bluff
Commissioner Gray voiced that there is a 60 day period after
approval of the preliminary plat for a final plat to be presented.
REQUEST /STREET OR ALLEY CLOSING:
GENERAL: REQUEST TO SET A PUBLIC HEARING:
Chairman Gray voiced a written request presented to the Planning
Commission that a Special Meeting be set for the purpose of
considering R-3 use in a C-2 zone on South Hospital across from
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
the Jacksonville Towers and behind Mega Market. He further stated
that a Board of Adjustment hearing is needed to address dimensional
requirements for R-3 use in the C-2 zone.
Commissioner Walker moved, seconded by Commissioner Perry to set a
Special Meeting of the Planning Commission for January 29, 1998 at
7:00 p.m. for consideration of R-3 use in a C-2 zoned area located
behind Mega Market. MOTION CARRIED.
The deadline for filing items for the agenda was brought to the
attention of the Commission by Commissioner Nixon who questioned
the reason for the late item.
Chairman Gray pointed out that it will take at least five people to
attend the meeting noting that he will not be able to be a part of
the voting process due to personal involvement with the item.
NON AGENDA ITEM:
REQUEST TO NAME UNNAMED ROAD/TWO PINE DRIVE
A letter from Waste Management of Arkansas, Inc. to designate Two
Pine Drive as the name of an unnamed road near Landers Road in
South Jacksonville was presented.
Commissioner Perry moved, seconded by Commissioner Corroum to
suspend the rules and address the naming of an unnamed road, Two
Pine Drive. (general location near Landers Road in South
Jacksonville). MOTION CARRIED.
City Engineer Reel related that Jim Dunbar, representing Brushy
Island Landfill, suggested the name. He said that a new facility
is being constructed at the landfill and that there is desire to
name the road, the last street on the south end of Jacksonville,
leading into the landfill. He said that a request to change the
name of the landfill itself has been made. He said that there is
not a conflict with any street name within the City limits. He
related that 911 service is directed into the Jacksonville
emergency center because it is within our City limits.
Commissioner Corroum moved, seconded by Commissioner Reid to
support the request to name the unnamed road into Brushy Island
Landfill Two Pine Road recommending the same to the City Council.
MOTION CARRIED.
Chairman Gray voiced, regarding the overlay zone, that he and Mr.
Magee are working toward a meeting between the cities of Cabot,
Jacksonville, and Sherwood regarding finalization of the project.
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ANNOUNCEMENTS:
ADJ OURNMENT:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 1998
7:00 P.M. -8:20 P.M.
Chair.man Gray adjourned the meeting at approximately 8:40 p.m.
Respectfully,
.;2.~ VI. ~y~
Lu M. (Leona d ) Haw 1ns
Planning Commission Secretary
CITY CLERK-TREASURER
EXHIBIT 11A11
Re: The SW Corner of Redmond and General Samuels Roads
(East 585 feet from M-2 to C-3 I West 700 feet from M-2 to R-3)
Legally described as follows:
Part of the NW1/4, NW1/4, Section 24, T-3-N, R-11-W, in Pulaski
County, Arkansas, more particularly described as follows:
Commencing at the NW corner of said NW1/4, NW1/4; thence South 88
degrees 19 minutes East 112.0 feet along the centerline of General
Samuels Road; thence South 1 degree 24 minutes West 40.0 feet to
the Point of Beginning; thence South 88 degrees 19 minutes East
1,171.5 feet; thence South 1 degree 02 minutes West 400.0 feet
along the Westerly right of way line of Redmond Road; thence North
88 degrees 19 minutes West 1,285.3 feet; thence North 1 degree 24
minutes East 354.7 feet; thence along a curve (Delta 58 degrees 31
minutes tangent = 112.0) with a chord bearing a distance of North
69 degrees 35 minutes east 120.5 feet to the Point of Beginning,
containing 11.76 acres, more or less.
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JACKSONVILLE PLANNING COMMISSION
SPECIAL MEETING AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. PUBLIC HEARING(S):
7:00P.M.
ADJOURNMENT
7:00P.M.
JANUARY 29, 1998
CONDITIONAL USE of R-3 in
a C-3 zone for a multi-family
complex on South Hospital
Drive
(Petitioner: Ark. Multi-Family
Housing
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OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JANUARY 29, 1998
7:00 P.M. -7:12 P.M.
Vice Chairman Mark Perry opened the meeting and expressed
appreciation for those in attendance and requested roll call.
ROLL CALL:
Commissioners: Rudy Reid, Dana Nixon, Bob Walker, John Hardwick,
and Lester Piggee answered ROLL CALL. Vice Chairman Perry answered
ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT (2) . (ONE
opening on the Planning Commission)
Others present for the meeting were Chairman Bart Gray, as a
petitioner, City Attorney Robert Bamburg, Deputy City Clerk Susan
Davitt, City Engineer Duane Reel and Marci Wilson of the
Engineering Department, OECD Director Frank Rowland, Aldermen Kenny
Elliott and Bill Howard, Editor of the Jacksonville Patriot John
Parham and Mr. J. C. James a local realtor.
PUBLIC HEARINGS: 7:00 P.M.
Vice Chairman Mark Perry opened the public hearing at approximately
7:03 p.m.
Chairman Bart Gray, representing Arkansas Multi -Family Housing,
LLC, related the following regarding the request for a variance
from C-3 zone for R-3 use to construct a multi-family complex on
South Hospital Drive:
(1) Location for the proposed construction as the south three
acres zoned C-2 legally described in Exhibit "A" of these minutes.
(general location, across from Jackson Square Apartment complex and
behind Mega Market in the Jackson Square Shopping Center)
(2) Request; R-3 conditional variance with purchase of property
pending (request void if denied)
(3) Apartment complex containing 56 units, done in good taste, is
planned with design criteria unfinished (if approved, a plot plan
will be brought back to the Planning Commission for approval)
(4) Arkansas Multi-Family Housing, LLC is primarily owned by a
company that builds and develops apartments (at present
approximately 6, 000 apartment units under management in the central
states, this endeavor being the first in Arkansas) .
(5) Financing presents urgency to bring the matter before the
Commission.
The Public Hearing was closed at approximately 7:08 p.m. by Vice
Chairman Perry with no other comments pro or con from the audience.
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JANUARY 29, 1998
7:00 P.M. -7:12 P.M.
Commissioner Piggee posed a question to City Engineer Duane Reel
regarding any significant environmental impact upon the City of
Jacksonville.
City Engineer Reel voiced that it would not. He said they will
fall in the same category with the apartments across the street,
Jackson Square Apartments.
Commissioner Rudy Reid questioned the action of the Board of
Adjustment at their meeting Jan 28, 1998.
Vice Chairman Perry related that the request for a dimensional
variance for R-3 zoning in a C-2 zone was approved by the Board.
Commissioner Reid voiced that the issue before the Commission is
for a conditional use in a zone that has already been authorized
and not for a zone change.
Vice Chairman Perry pointed out that if the request is not granted
to Arkansas Multi-Family Housing, LLC it will become null and void.
Commissioner Piggee moved, seconded by Commissioner Nixon that the
conditional request of Arkansas Multi-Family Housing, LLC, for R-3
use in a C-3 zone of South Hospital Drive, legally described in
these minutes as Exhibit "A", be APPROVED. MOTION CARRIED with one
abstention by Commissioner Walker.
ANNOUNCEMENTS :
ADJOURNMENT:
Vice Chair.man Perry adjourned the meeting at approximately 7:12
p.m.
Respectfully,
&~. ~~«,~J?.k£,_,
Planning Commission Secretary
CITY CLERK-TREASURER
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JANUARY 29, 1998
7:00 P.M. -7:12 P.M.
Exhibit 11 A11 minutes of the Special Meeting of the Jacksonville
Planning Commission January 29, 1998
The south three acres of the following legally described property;
Starting at the Southeast corner of the NW 1/4, Section 30, Thence
North along the East line of said NW 1/4 for 1320 feet to a point;
Thence N 89 degrees 49' W for 686.31 feet to the POINT OF
BEGINNING;
Thence continuing N 89 degrees 49' W for 269.24 feet to a point;
Thence N 00 degrees 07' E for 756.46 feet to a point;
Thence N 89 degrees 54' 30 11 E for 258.22 feet to a point;
Thence S 00 -degrees 43' E for 757.79 feet to the POINT OF
BEGINNING; Containing 4.58 acres, more or less.
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JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. BUILDING PERMIT(S):
5. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
7:00P.M.
MARCH 9, 1998
a.
Regular Planning Commission
Meeting January 12, 1998
Special Planning Commission
Meeting January 29, 1998
Pulaski County Special School
District Bus Maintenance Facility
SKETCH & PRELIMINARY PLAT:
Fair Oaks Subd. PH. II
(Petitioner: Jerry Smith)
Represented by Bond Engineering
DISCUSSION: Change(s) ref:
Land Use Map and City Council
Recommendation/Public Hearing( s)
b. DISCUSSION: Change in Planning
Boundary near Interstate 40
(Mabeline Area)
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OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Rudy Reid, Dana Nixon, Bob Walker, Mark Perry, and
John Hardwick answered ROLL CALL. Chair.man 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, Marci
Wilson, Glen Keaton representing Bond Engi ne ering, Mickey Anders of
the Chamber of Comme r c e , Richa r d MaGee an d Jeff Runder from
Metroplan, petitioners, interested citizens, and. a member of the
press.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Hardwick to
approve the minutes of the Regular Planning Commission Meeting of
January 12, 1998 and the Special Planning Commission Meeting of
January 29, 1998. MOTION CARRIED.
JACKSONVILLE PLANNING COMMISSION ANNUAL REPORT:
Chairman Gary related that the report was presented at the
regularly scheduled January meeting of the Planning Commission but
did not contain an addendum r egarding the de-annexation of wetlands
known as the Holland Bottoms a r e a . He asked that the Commissioners
review their reports and be prepared to amend or accept at the
regularly scheduled Planning Commission Meeting of April.
REQUEST TO APPROVE BUILDING PERMI TS: Pulaski County Special School
District Bus Maintenance Facility
City Engineer Reel related that the bus maintenance facility will
be located north of General Samuels Road and will allow the school
district to contain all their buses in one 5.01 acre compound. He
related that the Water and Fire departments have approved review of
the plans and sewer is available to the a rea . He introduced Jerry
Holder of the Pulaski County Special School District.
In response to a question posed by Chairman Gray, City Engineer
Reel related that the plans meet with all setback requirements. He
then related that the structural dimensions are 200 by 50 feet,
which will provide adequate space for cleaning and ma i n tenance of
the buses. He stated that it will prov ide a central location,
solving the problem of having the buses parked in several different
locations around the County as well as yards of the drivers.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
Commissioner Nixon moved, seconded by Commissioner Reid to Approve
the building per.mit as requested to Pulaski County Special School
District for a Bus Maintenance Facility. MOTION CARRIED.
REQUEST TO APPROVE PLAT: SKETCH & PRELIMINARY PLAT FAIR OAKS
SUBDIVISION PHASE II
In response to a question posed by Chairman Gray/ City Engineer
Reel related that the plat showed a fifty (50) foot radius pointing
out that a minimum of sixty (60) feet is required to accommodate
fire fighting equipment. He then related that the petitioner is
requesting a waiver from the thirty-five (35) foot setback in the
culdesac area of thirty (30) feet. He stated that either the
culdesac radius needed to be changed to sixty (60) feet or a waiver
needed to be granted from the Fire Department stating that the
fifty (50) foot radius could be used adequately.
It was determined that the plan has not yet been reviewed by the
Fire Department.
There was a question regarding the width of the street and bringing
the street closer to the property line. It was noted that the
utilities need only be extended to the proposed lots when the
preliminary plat is approved. He said that the street 1 water and
sewer plans would be submitted for approval at that time.
Discussion ensued as to the proximity of curb cuts with regard to
Main Street. It was disclosed that the code book stated that
"whenever practical there shall be a minimum of six hundred (600)
feet between intersections with a major thoroughfare".
Chairman Gray related that as a preliminary plat/ issues regarding
the street being placed at the edge of the boundary with the
possibility of setback requirement adjustments/ there will be need
of addressing either with compliance through the Planning
Commission or a Board of Adjustment variance. He pointed out that
the six hundred (600) feet may be a hardship for the landowner and
the Commission may want to analyze the impact it might have in the
area. He stated that the culdesac radius would need to be adjusted
or Fire Department approved as is with their needs and standards.
City Engineer Reel related that a fifty (50) foot radius with a ten
(10) foot easement on each lot for utility installation has been
acceptable in the past.
Chairman Gray pointed out that the plat did not indicate a ten (10)
foot easement.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
City Engineer Reel related that along with the added easements the
street could be moved thirty-four (34) feet to the east creating a
distance of 450 feet from each intersection.
Chairman Gray related general approval as a sketch plat with the
charge to redesign previously mentioned concerns.
It was the general consensus of the Planning Commission to approve
the Sketch Plat of Fair Oaks Subdivision Phase II with the
redesigning of the Preliminary Plat.
GENERAL: DISCUSSION: Change(s) with regard to the Land Use Map,
City Council Recommendation for Public Hearing (s), and Change (s) in
Planning Boundary near Interstate 40
Chairman Gray related that the City Council has requested
consideration for specific changes in the Land Use Map and that Mr.
Jeff Runder from Metroplan is in attendance regarding Air
Installation Compatibility Use Zone (AICUZ) and its impact in the
community. He related the five (5) mile planning jurisdiction was
studied and consideration for zoning with regard to the Land Use
Map have been given. He related that such changes would require a
public hearing for considerations to the Land Use Map. He related
that Sherwood is aware of where the planning boundary meets and the
need for the Air Base to maintain certain standards. He pointed
out that Sherwood's boundary is located at the end of the flight
line study area. He related that in meetings with Sherwood
officials it was not decided to adjust the planning area, however,
they will be looking for friendly legislation which will help them
develop likewise ordinances making sure that the air base community
is not hampered. He said that the City of Cabot and their Planning
Body are in the process of annexing an area that would be indirect
to the flight line and are comfortable with the need of maintaining
a good Land Use plan as it relates to the Air Base. He related
that Richard MaGee from Metroplan in conjunction with the meetings,
has been helping Jacksonville reline and redraw Jacksonville
planning jurisdiction and where it abuts Cabot and Sherwood which
is the general direction of the flight line, adding that currently
neither overlaps into zones one, two or three but are located on
the ends of those zones. He stated that most of the land being
considered by Jacksonville will be affected to the north as it
approaches the County line and Faulkner County and shared
boundaries around Hwy 5. He related the need of a map which would
outline the legal and required five mile jurisdiction with clear
division of specific areas.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
He related that the City Council has requested that Planning
Commission specifically look at the land use and how it is used in
manufacturing area. He related that manufactured areas are being
11 leap frogged 11 in development and the Council has asked the
Planning Commission to look at areas to determine if they need to
remain strictly manufactured areas or if changes are recommended in
the Land Use Map. He suggested that a public hearing be set for
the next regularly scheduled Planning Commission meeting of April
13, 1998, to look at the Land Use Map of the City of Jacksonville.
Chairman Gray informed the Planning Commission that the Municipal
League is hosting a seminar 25 March 1998, offering guidance
regarding the Land Use Map.
Richard MaGee from Metroplan spoke to the Commission regarding
mixed use within the manufacturing areas and what is outlined in
Jacksonville's zoning ordinance.
Richard MaGee stated that the real question or caveat is
residential use being proposed within a manufacturing zone. He
pointed out that under the current zoning ordinance there is no
conditional use provision that would allow for residential use
within a manufacturing zone; only in commercial areas. He suggested
that if the only issue is to allow residential uses in a
manufacturing area that the Commission look at the land use issue
not from a 11 parcel specific bases 11 but in terms of a broader issue.
Questioning 11 do you want to look at changes in the land use plan11 ,
stating that the tool of zoning is to implement the land use plan.
He further stated that the question would be if there are any
reasons or issues that were not considered at the time the Land Use
Plan was adopted that may call for reconsideration making a city
change the goal of that area, such as manufacturing to some other
land use component. He stated that in doing so you have to step
back and look at the Land Use Plan and its intent for manufacturing
areas. He suggested looking at the description of a manufacturing
zone and the reason it is isolated from residential areas, pointing
out that it is to protect the health and safety of people. He said
that Jacksonville has a real distinct description in its zoning
ordinance that would make it hard to allow a mixed use with the way
its written currently, adding however, that does not mean it can't
be changed. He pointed out that it would be problematic to allow
a mixed use in a manufacturing zone with the way its currently
written. He reiterated a question for the Commission to ask itself
11 are there any reasons why we should reconsider the Land Use Plan 11 ,
adding that they should look beyond and consider what a change
would do to the entire Land Use Plan and not only to that area but
4
I
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
the entire manufacturing district. He related the need to
look at the long term implications of those changes not only for
the parcel you are looking at in terms of rezoning but the long
term implications for the manufacturing area. Questioning, "Would
it have negative impacts on a manufacturing area?". Asking the
Commission to remember that if mixed use is allowed in this
particular manufactured area the Commission could receive requests
meeting the same criteria for other manufactured areas in the City.
He pointed out that zoning is changing a lot especially in the last
ten years with the progress of technology in terms of industrial
processes and environmental issues, adding that there is not as
much of a push to segregate issues as there once was. He stated,
however, that there are still some heavy industrial uses that would
never be workable for a residential area and vice versa. He
related that the broader implications will not be just for the area
in question but for across the City and how you would apply that.
He stated that from the planning perspective you could rewrite your
zoning ordinances and the Land Use Plan to allow that to occur,
looking at the long term implications.
Chairman Gray pointed out that North Little Rock is experiencing
eastern growth as they expand their areas which has raised the
question for Jacksonville Planning Commission to address issues of
planning jurisdiction to the south. He related that it would be
beneficial to know exactly where those boundaries are. He stated
that the proposed public hearing includes the Land Use Plan with
particular consideration to manufacturing areas, the overall
northern boundary and the southern boundary which perhaps falls in
the five mile obligation of the AICUZ study. He related that the
Advertisement needs to define areas outside the community as well
as in and notify those people properly.
City Engineer Reel stated that the City of North Little Rock has
proposed a change in planning jurisdictions along Interstate 40 in
the area of the Galloway interchange. He related that he is in the
process of contacting personnel who can determine location of the
bypass as it approaches the "Bean Field". He stated that
development proposed along I -40 is going to be utilizing North
Little Rock utilities exclusively and is the reasoning for the
request of change in our planning jurisdiction.
Discussion ensued as to the scope of issues to be addressed during
the public hearing at the next regularly scheduled meeting of the
Planning Commission. It was noted that the City of Cabot has
annexed within five hundred feet up to Hwy 321, which has created
overlapping jurisdictions.
5
I r-s.-
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
City Engineer Reel suggested talks with Cabot planners to stabilize
that area while taking into consideration the growth factor.
Chairman Gray related that he had hoped that part of the map would
be prepared for presentation to better describe that area prior to
advertising for the public hearing.
0
Chairman Gray related that Cabot has proposed annexing Hwy 321
intersection adding that Cabot's utilities are already in place.
He stated that Sherwood and Cabot are of like minds and do not want
any development that would be harmful to Central Arkansas' economy
or the Little Rock Air Force Base, adding that it will be an area
addressed at the next legislative session.
Questions of time regarding issues with North Little Rock were
discussed. City Engineer Reel related that he is in discussions
with ~orth Little Rock concerning a area south of the bayou which
North Little Rock has offered to make a part of their planning
jurisdiction if Jacksonville is willing to relinquish the area.
Chairman Gray related that the planning bodies were not readily
willing to relinquish jurisdiction unless it made a difference
regarding the Air Force Base. Discussion ensued as to legislation
that would allow for compatibility in those planning areas.
Chairman Gray related that the Planning Commission is charged by
the City Council to consider one specific area of the land use map
to implement a zoning for a five mile radius into the county (AICUZ
zone) . He asked if the Commission, as far as general direction for
the public hearing, consider the corporate limits and to the edge
of our planning jurisdiction in the northern part of the county,
reserving a future date for the southern planning area south of the
City limits as a more focused area.
Commissioner Walker questioned the area charged by Council for
consideration referring to the Motion made during the Council
meeting.
Chairman Gray clarified by saying that as the Planning Body reviews
the Land Use Plan it needs to be done with a five to ten year
growth plan. He related that the City Council is the body to act
on the Land Use Plan depending on the Planning Commission for
providing responsible direction.
It was noted that areas for review in the public hearing would be
the corporate limits and that area north published along with a map
drawn by Metroplan.
6
f
j
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
Discussion ensued as to advertising time and completion of the map
for good public notice.
Commissioner Nixon moved, seconded by Commissioner Perry to set the
public hearing April 13, 1998 at 7:00 p.m. during the regularly
scheduled Planning Commission meeting to address with the corporate
limits regarding the entire Land Use Map, zoning and the planning
boundary to the north.
In response to a question posed by Commissioner Hardwick, Chairman
Gray related that Mickey Anders from the Chamber of Commerce
represents development especially as it applies to manufacturing,
adding the importance of other manufacture's being present to
include input and address issues regarding a strict manufacturing
zone.
Commissioner Nixon encouraged participation in the planning seminar
to be held 25 March 1998.
Chairman Gray concurred and announced that topics of interest for
the seminar include a s sistance in the fundamental principals of
planning, zoning, l and u s e , s ubdi visipon regulations and other
issues i nvolved in comprehensive planning.
At this time the MOTION CARRIED.
Chairman Gray related that he has received input from several
residents adjoining the manufacturing area and feels sure that the
public hearing will provide information regarding development to
that area and into the county which will be of interest to those
residents. He pointed out that the Planning Commission as a body
is charged with the responsibility of developing a plan regarding
community growth in the near future and presenting it to the City
Council, adding that the Planning Commission will hear from the
public as a whole with input advising the Commission in their
thoughts on land use matters.
ANNOUNCEMENTS:
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 8:05 p.m.
7
Respectfully,
Lu M. (Leon Hawkins
Planning Commission Secretary
CITY CLERK-TREASURER
~~itp ~~tt
Deputy City Clerk
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 9, 1998
7:00 P.M. -8:05 P.M.
8
JACKSONVILLE PLANNING COMMISSION
ANNUAL REPORT -1997
MEMBERSHIP ROSTER
ANNEXATIONS
DEANNEXATIONS
REPLATS/LOT SPLITS
REZONING PROPOSALS
SUBDIVISIONS
SKETCH
PRELIMINARY
FINAL
MISCELLANEOUS
BOARD OF ADJUSTMENT
DATED' ~ 7 /"f9Jl
SUBMITTED BY:
LA, Yk. JJ~LV~
Lul~ • Hawkins, Secretary
JACKSONVILLE PLANNING COMMISSION
CITY OF JACKSONVILLE, ARKANSAS
;.(9
JACKSONVILLE PLANNING COMMISSION
MEMBERSHIP ROSTER
NAME: ADDRESS:
Mr. Mark Perry*** 110 Arapaho Place
filling the unexpired term
of Leslie Belden
Mr. Bart Gray, Jr.* P.O. Box 37
Mr. Art Brannen** 605 No. Hospital
Mr. Jack Patton 201 Concord Circle
Mr. John Hardwick*** 14 Foxfire Cove
Mr. Rudy Reid 1009 Richards
Mr. Bob Walker 515 Cheshire
filling the unexpired
term of Mrs. Connie Foster 1008 Barbara
Dana Nixon 1412 Graham Rd.
* Denotes Chairman
TERM
EXPIRATION
1/1/1998
1/1/1998
1/1/1998
1/1/1998
1/1/1999
1/1/1999
1/1/1999
1/1/2000
** Denotes Vice-Chairman and Chairman of the Board of Adjustment
*** Denotes 1997 Board of Adjustment Members
DATE
12/08/97
ANNEXATIONS
DESCRIPTION
Watkins Property
legally described
as follows:
APPROVED
12/08/97
Part of t he Sou theast 1 /4 of the Southeast
l/4 of Section 3 5 an d par t o f t he Southwest
l /4 o f t h e Sou t hwest 1/4 of Sec tion 36 ,
Townshi p 3 Nort h, Range 1 1 West, and p a rt of
the North east 1 /4 o f t h e Northeast 1/4 of
Section 2 , Township 2 North, Range 11 We s t
~11 lying Nort hwe st of the Union Pacifi c
Railroad in Pu l aski County, Arkansas being
more particularl y describ e d as f ollows;
Beginning at the Northwest corner of the
Southeast 1/4 of the Southeast 1/4 of said
Section 35; thence South 89 degrees 26' 08 11
East along the North line of said Southeast
1/4 of the Southeast 1/4 a distance of
1326.55 feet to the Northeast corner of said
Southeast 1/4 of the Southeast 1/4; thence
continuing South 89 degrees 26' 08 11 East
along the North line of said Southwest 1/4
of the Southwest 1/4 a distance of 1216.13
feet to a point on t h e west erl y r igh t -of-way
line of Un ion Pacific Railroa d (100' R/W);
thence along s aid Westerly r ight -of -way line
on a curve to the left having a radius of
15,137.73 feet, an arc length of 510.26 feet
and a chord which bears South 46 degrees 29'
42 11 West 510.24 feet; thence South 45
degrees 57 ' 01 " West along said We s terl y
right-of-way l ine 3 057.25 feet t o a point on
t h e West line of said No rtheast 1/4 of the
Northeast 1/4 ; t he n ce North 00 degrees 34 '
11 11 East along said West line 1240.48 feet
to the Northwest corner of said Northeast
1/4 of t he Northeast 1/4; thence continuing
North 00 degree13 34 ' 11" East along the West
line of s aid Southeast 1/4 of the Southeast
1/4 a distance of 1261.60 feet to the Point
of beginning containing 72.839 acres more or
less.
COUNCIL
02/05/98
ANNEXATIONS
DESCRIPTION
UNANNEXED PORTION OF THE LITTLE ROCK AIR
FORCE BASE:
Part of the following sections located in
Pulaski County, Arkansas. Sections 1, 2, 3,
10, 11, 12, 13, 14, and 15, T-3-N, R-11-W,
Section 36, T-4-N, R-11-W, Section 31, T-4-
N, R-10-W, Sections 5, 6, 7, 8, 17, and 18,
T-3-N, R-10-W,
(LEGAL FOUND IN ORD. 1080)
COUNCIL
APPROVED
ORD. 1080
06/05/97
01/13/97
01/13/97
J
REZONINGS
DESCRIPTION p. c.
(Trickey Lane and Redmond Road area)
Part of the SE 1/4 of the SW 1/4 of Section
30, Township 3 North, Range 10 West,
Jacksonville, Pulaski County , Arkansas,
being more particularly described as
follows: commencint at the Southeast corner
of the said SE 1/4 SW 1/4; thence North 00
degrees 2 8' 2 6" East 2 74. 8 7 feet; thence
North 87 degrees 50' 47" West 190.00 feet to
the point of beginning; thence North 8 7
degrees 50' 47" West 249.77 feet; thence
North 33 degrees 04' 58" East 102.21 feet;
thence North 32 degrees 46' 02" East 540.33
feet; thence North 64 degrees 30' 43" East
101.07 feet; thence South 450.00 feet;
thence North 87 degrees 50' 47" West 190.00
feet; thence South 150.00 feet to the point
of beginning, containing 2.76 acres, more
or less . (from R-4 to C-1)
WITHDRAWN
by Sponsor
COUNCIL
(Area of Northgate Dr./ North of Stonewall Sub.)
Part of the Southwest Quarter of Section 17,
Township 3 North, Range 10 West, in the City
of Jacksonville, Pulaski County, Arkansas,
more particularly described as follows:
Commence at the Southeast corner of said
Southwest Quarter; thence South 89 degrees
52 minutes West 1254.77 feet to the Point of
Beginning; thence South 89 degrees 52
minutes West 981.93 feet; thence North 03
degrees 22 minutes East 469.59 feet; thence
South 63 degrees 57 minutes East 1062.26
feet to the Point of beginning. (from C-3 to
C-4)
APPROVED
1/13/97
APPROVED
ORD. 1073
DATE
03/10/97
04/14/'9'/
REZONINGS
DESCRIPTION P. C. COUNCIL
MCCAIN ST. FROM R-0 TO R-2
A part of the NE 1/4 NE 1/4 Sec. 1, T-2-N,
R-11-W, more particularly described as
follows: From the NE corner of said Sec. 1,
Run South along East line 420 feet to the
point of beginning of tract herein
described; run thence West 225 feet; run
thence South 100 feet; run thence East 225
feet; run thence North 100 feet to point of
beginning.
HELD IN ABEYANCE
DAWKINS COMMERCIAL ADDITION:
03/10/97
APPROVED
04/14/97
Rezoning that part of tract 1 that is
currently zoned R-3 to C-3 legally described
as follows:
LEGAL DESCRIPTION: Tract 1
A parc el o f land i n the Southeast Quarter
(SEl /4 ) of Section 24 , Township 3 North,
Range 11 We s t , City of J a c k s onvil l e, Pulaski
County, Ar kansas , being more particularly
described as follows:
Commencing at the SE corner of the SE 1/4,
Section 24, T-3-N, R-11-W; thence N 88
degrees 23 ' 00" W, 783.90 feet ; thence N 00
degrees 33 ' 00 11 W, 2.64.00 feet ; t hence N 09
d egrees 04 ' 01 11 E, 36 .09 feet ; thence S 88
degrees 2 7' 1 0 11 W, 1 0 .17 feet to t he
northwe~L lnLersection of righ t -of-way lines
of West Main Street and Marshall Road, said
point being the point of beginning of this
description; thence S 88 degrees 27' 10 11 W
along the North right-of-way line of West
Main Street, 558.21 feet; thence continuing
along said right-of-way line, N 87 degrees
56' 00 11 W, 13.55 feet; thence N 02 degrees
04' 00 11 E, 342.80 feet; thence S 88 degrees
09' 54 11 R, 60R.73 feet to the West right-of-
way of Marhsall Road; thence along said
right-of-way, S 09 degrees 04' 01 11 W, 312.40
feet to the point of beginning: Containing
4.417 acres, more or less.
APPROVED
ORD. 1076
04/17/97
J
REZONINGS continued:
06/09/97
10/13/97
DESCRIPTION P. C. COUNCIL
LEGAL DESCRIPTION: Tract 2
A parcel of land in the Southeast Quarter
(SE 1 /4) of Section 24, Township 3 North,
Range 11 West, City of Jacksonville, Pulaski
County, Arkansas, being more particularly
desscribed as follows:
Commencing at the SE corner of the SE 1/4,
Section 24, T-3-N R-11-W ; thence N 88
degrees 23' 00" W, 783.90 feet; thence N 00
degrees 33' 00" W, 264.00 feet; thence N 09
degrees 04' 01" E, 36.09 feet; thence S 88
degrees 27' 10" W, 10.17 feet to the
northwest intersection of right-of-way lines
of West Main Street and Marshall Road;
thence N 09 degrees 04' 01" E, along the
West right-of -way line of Marshall Road,
312.40 feet to the point of beginning;
thence N 88 degrees 09' 54" W, 608.73 feet;
thence N 02 degrees 04' 00" E, 20'2.17 feet
to the centerline of Rocky Branch; thence
along said Centerline N 60 degrees 16' 07"
E , 358 .12 feet; thence leaving said
centerline, s 56 degrees 35' 24 11 E , 150.00
feet; thence S 08 degrees 55' 11 11 W, 208.32
feet; thence S 88 degrees 09' 54 11 E, 13.93
feet; thence S 09 degrees 04' 01 11 W, 80.00
feet ; thence S 88 degrees 09' 54 11 E, 200.00
feet to the West right-of-way line of
Marhsall Road; thence along said right-of-
way line, S 09 degrees 04' 01" W, 25.20 feet
to the point of beginning: Containing 3.113
acres, more or less.
APPROVED
04/14/97
* Ordinance 1075 carries a combined
legal description.
LOT 000, BLK. 005 EDGEWOOD SUBDIVISON
from C-1 to C-2
APPROVED
04/17/97
ORD. 1075
HELD IN ABEYANCE
06/09/97
3530 WEST MAIN
from R-0 to C-2 DENIED
10/13/97
01113197
01113197
01113197
01113197
02110197
02110197
02110197
03110197
03110197
03110197
03110197
03110197
03110197
SUBDIVISIONS
DESCRIPTION
SKETCH PLAT Jacksonville
Industrial Subdivision
SKETCH PLAT Jacksonville
Burroughs Subdivision
PRELIMINARY & FINAL:
Kevin Subdivision
REPLAT of Lots 2, 3, & 4
Edgewood Subdivision
SKETCH PLAT I 77 acres
Pridmore Lane & Maddox Rd.
REPLAT: Lots 2,3, & 4
Edgewood Subdivision
FINAL PLAT:
Lot 1, Ph 1
Penn Subdivision
SKETCH PLAT I 77 acres
Pridmore Lane & Maddox Rd.
PRELIMINARY & FINAL PLAT:
Lots 1, 2, & 3
Penn Subdivision
SKETCH PLAT:
Dawkins Commercial Subu.
PRELIMINARY PLAT:
Bellevue Subdivision
PRELIMINARY & FINAL PLAT:
APPROVED
APPROVED
APPROVED
held in
abeyance
no action
no action
no action
APPROVED
03110197
APPROVED
WISTIPS
03110197
APPROVED
03110197
APPROVED
03110197
North Commercial Subdivision APPROVED
WISTIPS
03110197
PRELIMINARY PLAT:
Spring Valley Subdivision APPROVED
03110197
COUNCIL
APPROVED
01116197
APPROVED
03120197
APPROVED
03120197
r
04/14/97
04/14/97
04/14/97
04/14/97
05/12/97
05/12/97
05/12/97
05/12/97
06/09/97
06/09/97
07/14/97
SUBDIVISIONS
DESCRIPTION
PRELIMINARY & FINAL PLAT:
Northlake PH. VII
PRELIMINARY & FINAL PLAT:
Deweese Addition
PRELIMINARY PLAT:
Dawkins Commercial Subd.
FINAL PLAT & Name Change:
Collenwood Subdivsion
SKETCH PLAT:
Bushwood Estates
REPLAT: Lot 1R
Keathley Subdivision
PRELIMINARY PLAT:
Shady Oaks
Formerly Moody Subd.
FINAL PLAT & Name Change:
Collenwood Subdivsion
PH. I
PRELIMINARY PLAT:
Bushwood Estates
Phase II
PRELIMINARY PLAT:
Rebsamen Family
Clinic Subdivision
PRELIMINARY PLAT:
Jacksonville Business Park
APPROVED
04/14/97
APPROVED
W/STIPS
04/14/97
APPROVED
04/14/97
TABLED TO
05/12/97
APPROVED
W/STIPS
05/12/97
APPROVED
05/12/97
APPROVED
W/STIPS
05/12/97
APPROVED
W/STIPS
05/12/97
APPROVED
W/STIPS
06/09/97
APPROVED
06/09/97
APPROVED
W/STIPS
07/14/97
COUNCIL
Lot 7
APPROVED
04/17/97
APPROVED
04/17/97
APPROVED
W/STIPS
06/05/97
07/14/97
07/14/97
07/14/97
07/14/97
07/14/97
09/08/97
09/08/97
10/13/97
10/13/97
10/13/97
10/13/97
SUBDIVISIONS
DESCRIPTION
FINAL PLAT:
Bellevue Subdivision
Phase III
FINAL PLAT:
Long Ford Commercial
Subdivision
FINAL PLAT:
Quality Car Wash
FINAL PLAT:
Quince Hill Subd.
PRELIMINARY & FINAL PLAT:
Trickey Hill Subdivision
REPLAT:
Lots 151-154 & 160-164
Clover Ridge Subd. Ph. IA
REPLAT:
Lots 159 PH. II
& Lot 168RR PH. V
Northlake Subdivision
SKETCH PLAT:
Roderwise Road
METES & BOUNDS REPLAT:
3616 T.P. White Drive
REPLAT:
LOT 6 Highland Park &
LOT 13 Fair Oaks Sub.
REPLAT:
Lots 3 & 4
Bertha Street
APPROVED
W/STIPS
07/14/97
APPROVED
07/14/97
APPROVED
07/14/97
APPROVED
07/14/97
APPROVED
W/STIPS
07/14/97
APPROVED
W/CHANGES
09/08/97
APPROVED
W/STIPS
09/08/97
TAD LED
MORE INFO
DESIRED
APPROVED
10/13/97
APPROVED
10/13/97
APPROVED
10/13/97
COUNCIL
APPROVED
08/21/97
APPROVED
07/17/97
APPROVED
07/17/97
APPROVED
07/17/97
APPROVED
W/STIPS
07/17/97
SUBDIVISIONS
DESCRIPTION
11/10/97 FINAL PLAT:
Spring Valley Sub.
12/08/97 FINAL PLAT:
Lots 7 & 8
Scenic Bluff Subdivision
)
APPROVED
11/10/97
TABLED FOR
ACTION AT
JAN. MTNG.
COUNCIL
APPROVED
11/20/97
02/06/97
03/10/97
05/12/97
06/09/97
06/09/97
07/14/97
07/14/97
08/11/97
08/11/97
MISCELLANEOUS
DESCRIPTION
Variance/Lots 1,2,3,4, & 5
Kevin Subdivision
Parking Variance
Lot 3, Blk 1
Edgewood Subdivision
Bldg. Permit
Rebsamen Reg. Med. Ctr.
John Harden & Braden
Accessory Dldg.
2900 General Samuels Rd.
Conditional Use
Res. in C-4 zone
215 Northgate Drive
Conditional Use
Res. in C-1 zone
9000 South Hwy 161
Conditional Use
R-4 in R-1 zone
912 King Street
Conditional Use
C-1 in C-3 zone
507 Loop Road
Square Ft. Variance
Accessory Bldg.
103 Cambridge Cove
APPROVED
03/06/97
APPROVED
W/STIPS
03/10/97
APPROVED
05/12/97
APPROVED
06/09/97
APPROVED
06/09/97
HELD OVER
07/14/97
APPROVED
08/11/97
HELD OVER
07/11/97
APPROVED
W/STIPS
08/11/97
PEITIONER
NOT PRESENT
NO ACTION
08/11/97
09/08/97
APPROVED
08/11/97
COUNCIL
r
09/08/97
09/08/97
09/08/97
09/08/97
09/08/97
12/08/97
j
MISCELLANEOUS
DESCRIPTION
Conditional Use
Mobile Home in R-1
8012 So. Hwy 161
Calvary Baptist
Conditional Use
C-2 business in C-3
2226 T.P. White Dr.
Bldg. Permit
Apache Moving & Storage
1300 North Redmond Rd.
Street Closing
Bertha Street
Street Closing
Crestview Drive
FENCING ORD. 1091
APPROVED
5 YEARS
09/08/97
APPROVED
09/08/97
APPROVED
09/08/97
COUNCIL
DENIED
RECOMMENDATION
09/08/97
APPROVED
09/08/97
APPROVED/TO COUNCIL
/7/
01/22/97
03/26/97
04/09/97
05/14/97
05/14/97
06/11/97
09/10/97
10/22/97
11/26/97
12/10/97
BOARD OF ADJUSTMENT
DESCRIPTION
Pulaski Co. Special
School District
Jr. High on School Dr.
Building line setback
J & B Media, Inc.
Sign Distance Variance
West Side of Hwy 67-167
J & B Media, Inc.
Sign Size Variance
West Side of Hwy 67-167
size met Code requirements
Long Ford
1800 School Drive
Sign Variances
Enterprise Rent-A-Car
1526 W. Main
Sign Variance
Sands Motel
1008 South Hwy 161
Side Yard Setback
William K. McCutcheon, Jr.
39 Wright Circle
Building Line Encrochment
for front Porch
Jay Hudson
608 North First St.
pole barn structure
Shawn O'Dell
1401 Jeff Davis
Side Yard Variance
Pizza Pro
2227 W. Main Suite 2
ACTION
APPROVED
01/22/97
APPROVE
03/26/97
REFUNDED
04/09/97
APPROVED
05/14/97
APPROVED
W/SUGGESTION
05/14/97
APPROVED
06/11/97
APPROVED
09/10/97
APPROVED
10/22/97
W/STIPS
APPROVED
11/26/97
LACK OF
QUORUM
DATE
04/14/97
DEANNEXATION
DESCRIPTION
Part of the East 1/2 of Section 16 and part
of Section 21 , all in T-3-N, R-10-W,
Jacksonville Pulaski County, Arkansas, more
particularly described as follows:
Begining at the Northeast corner of said
Section 16, T-3-N, R-10-W; thence S 0
degrees 29' 00" W 2721.80 feet a l ong the
East line of said Section 16; t hence S 0
degrees 29' 00" W 2721.80 feet along the
East line of said Section 16 to the
Southwest corner of Section 16; thence S 1
degree 06' 00 " W 3978 .10 feet a l ong the East
line of Secti on 21, T-3-N , R-10-W t o a point
that is the So utheast corner of the N 1/4 of
the SE 1/4 of Section 21 , T-3-N, R-10-W;
thence N 88 degrees 42' 40" W 2683.74 to the
West line of the SE 1/4 of said Section 21,
T-3-N, R-10-W; thence N 0 degrees 40' 14" E
2324.35 feet; thence N 89 degrees 32' 00" W
1320.00 feet to a point that is
approximately 200 feet East of the R/W of
Loop Road; thence N 1 degree 0 7 ' 3 0" E
927.74 feet parallel with the R/W of Loop
Road; thence N 49 degrees 24' 00" E 780.52
feet to a point on the 100 year flood plane
as defined by FEMA; thence N 72 degrees 50'
34" E 904.20 feet along a meandor along the
edge of the 100 year flood plane; thence N
75 degrees 44' 42" E 115.44 feet along the
flood plane; thence S 66 degrees 00' 05" E
75.01 feet along the flood plane; thence S
31 degrees 49' 51" E 277.17 feet along the
flood plane; thence S 70 degrees 59' 00" E
864.93 feet along the flood plane; thence N
62 degrees 23' 03" E 720.37 feet along the
flood plane; thence N 9 degrees 08' 09" E
713.45 feet along the flood plane; thence N
9 degrees 08' 09" E 713.45 feet along the
flood plane; thence N 34 degrees 29' 07" W
984.03 feet along the flood plane; thence N
26 degrees 39' 36" W 736.52 feet along the
flood plane; thence N 16 degrees 32' 50" W
503 .21 feet a long the flood plane to a point
that is 200 feet East of the Union Pacific
COUNCIL
-I
DEANNEXATION continued:
DESCRIPTION
Railroad Track; thence N 30 degrees 54' 40"
E 2749.59 feet parallel to said railroad
track; thence N o degrees 29' 00" E 493.58
feet to a point that is common with the
Holland Bottoms Wildlife Management area;
thence East 341.70 feet to the point of
beginning, containing 408.06 acres more or
less.
APPROVED
04/14/97
COUNCIL
APPROVED
RES. 499
04/17/97
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. PUBLIC HEARING(S):
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
7:00P.M.
APRIL 13, 1998
a.
b.
a.
Land Use Plan
North and West of the Jacksonville
City limits not to exceed five (5)
miles
Manufacturing and Industrial zoned
property within the City limits of
Jacksonville with consideration of
mixed use.
Regular Planning Commission
Meeting March 9, 1998
Annual Planning Commission
Report for 1997
FINAL PLAT: Jamestown Subdivision
(Petitioner: Dick Jones)
Represented by Bond Engineering
b. PRELIMINARY PLAT: Fair Oaks Subd .
PH II (Petitioner: Jerry Smith)
Represented by Bond Engineering
!1:;;,-
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
Chairman Gray opened the meeting 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.
Chair.man Gray answered ROLL CALL and declared a quorum. PRESENT
EIGHT (8), ABSENT (0). (One opening on the Planning Commission}
Others present for the meeting were Ma yor Tommy Swaim, Stev e Ward,
City Attor ne y Ro bert Bamburg, De puty Ci t y Clerk Susan Davitt, City
Engineer Duane Reel, Marci Wi l son , Publ ic Work s Director Mur ice
Green, Gl en Keaton r epresenting Bond Engineering, Micke y Anders of
the Chamber o[ Cotnmerce, Richard MaGee from Mctroplan, 1\ldermen:
Howard , Smith, Fl etcher, Wi l son , Keaton and Elliott, Representative
Pat Bond and Engine er Tommy Bond , Attorne y Ben Rice , Mr. Thad Gray
Chairman of the Jacksonville Wa t r w k s, petitione rs, interested
citizens, and a member of the press.
DEVIATION IN AGENDA: PUBLIC HEARING 7:00 P.M.
Chairman Gray r e quest ed t h at those desiring to address the
Commission sign t h e list p r epared by the office of the City Clerk
and present it to t he same . He expressed that the public hearing
is open for comment s from the general public with regard to AICUZ
as it relates to Land Use within a five-mile area west and north of
the City of Jacksonville which is being studied by the J acksonville
Planning Commission. He said that information from the public will
be taken into consideration by the Planning Commission as they work
to comp l y with state mandates . He noted other areas within the
City t hat may need to be change d as well adding that three minutes
will be ~lven each speaker and tha.t the Commission will ask
questions rel ating t o inpu t given by each speaker. He pointed out
that any p r op osal ma d e b y any speaker would be given attention by
the Commission making it clear that all meetings of the Planning
Commission will be open to the public relating that the Commission
would not enter into debate. He announced that at a meeting on
Tuesday evening at 7:00 p.m., which is open to the public, the
Commission will discuss the information as it prepares a
recommendation for City Council action.
He related that other business would be conducted at the close of
the public hearing.
Mr. Gray pointed out that information was brought in before the
meeting started at 7:00 p.m. noting that Metroplan provided maps
relating to the AICUZ area as more were distributed to the
1
r
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
audience. He noted that other information s heets were made
available adding that he was not privy to the s ou rce.
Chairman Gray opened the Public Hearing to deal with the AICUZ
issue first and continue with Land Use within the City limits etc.
The hearing was officially opened at 7: 15 p.m. Monday 13 April
1998.
Comments regarding the Air Installation Compat ibi lit y Use Zone
relating to t h e Land Use Map of the City of J ack sonville were
received first.
Mr. Lyndon Whitledge of 103 Revere Court in Jacksonville declined
to speak at this time.
Mr. Don Bowman of 16 Mohave, Sherwood, Arkansas related that he has
four p roperties in the area affected by t he AI CUZ area , one being
in APZ 1 . He no ted t hat t here was on e d eath in a b out 1960. He
said that he i s not b e i ng c ompen sated and t hat t h e a ction is very
unf a ir . He s a i d t h at t he City has b een adv a n tag ed with revenue
from. the LRAFB wi t ho ut spending anything . He sai d that any action
in land c ontr ol is ver y unf a i r.
The Commission did not have any questions for Mr. Bowman.
Mauri·ce Johnson 5419 T.P. White Drive passed without comment.
Mr. John McCaleb 4600 Annette Lane voiced that he is president ~of
t h e Pulaski Coun ty Prope r ty Owners Asso c i ati on and that p rivat e
property is be ing taken f or gov ernmen t use wi t hou t compensat ion to
t he private p roperty owner , which he opposes. He pointed out that
t he City will be sett ing i t s elf up for s eri ous l i abil ity claims b y
p r operty owners. He sug ges t e d t ha t some p rop osal b e dev eloped to
pay property owners compensation.
He related that p e ople who live in the APZ are a s feel the risk is
worth taking as f a r as s afety is concerned adding that there is no
reason to take their p rope r t y.
He voiced that he did not feel the LRAFB will be closed unless
there is action with reference to restricting property owners and
that people need to be compensated.
He said that it is wrong for the City to take p rop e rty from people
who do not get to vote in the City of Jacks onville .
There were no questions from the Planning Commission.
2
/77
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
Susan Leatherwood of 6412 Green Road, said that she does not live
anywhere near Jacksonvil le, that she l ives near Mablevale adding
that she lives in the flight path of the regional a irport and that
she figures if it is done here, it will come her way. She said
that citizens can't afford to give their land and use thereof just
because the City decides it is a good idea to save the citizens
from themselves. She said that folks who live in the City need to
deal with the City and those outside the City take care of their
property. She related that her property was bought from the
Indians and that her family enjoys watching aircraft fly over the
trees. She added that she does n ot want anybody telling her what
she can and can't do or how many relatives can be invited to her
six acres.
There were no questions by the Planning Commission directed to Mrs.
Leatherwood.
Ann McCaleb of 4600 Annette Lane, southeast of Mablevale, Arkansas
voiced that she lives over by Arch Street Pike. She said that the
Air Force planes fly over her property at times and that she enjoys
the same.
She asked that the Planning Commission consider the State and
Federal Constitutions which both state that you will not take
property without just compensation to the owner of said property.
There were no questions from the Planning Commission.
J.W. Huffman of 8807 Fortson Road voiced that he opposed
restrictions to rural property and requested an explanation of what
is going to be done. He asked that it be explained.
He related that he is on the border line of the S-mile border .
There were no questions from the Planning Commission.
Nancy Jones o f 633 3 Madru voiced that she is opposed to any taking
of property that has been in her family since 1963. She said that
the value of her property is being defaced and that the City is not
trying to compensate the property owners . She voiced concern for
subdivision development. She s aid that she is in APZ 1 .
There were no questions from the Planning Commission .
Tom Madru of 110 Jenni Leigh related that he had no notification of
the meeting before 10:00 a.m. on 13 April 1998 and questioned why.
He said that he does not understand statistics noting that the
3
r
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
crashes are not out t here right now. He questioned whether more
and bigger aircraft is planned for the LRAFB adding that he is
aware of the base being good for the City of Jacksonv ille. He
pointed out that he is aware of the City t rying to develop
subdivisions out there and wondered if the City knows i f it is
doing the right t hing.
There were no questions from the Planning Commission.
Rodney P. Carrington of 7415 John Harden Drive stated that he did
not feel the Planning Commission is going to answer any questions
adding that his sentiments are as those who have spoken already in
opposition of any action toward the incorporated area . He said
that his land was owned by his grandfather, then Mr. Trix Williams,
then bought back by his father who worked very hard in a lawnmower
shop.
He voiced that he does not have a s avings account and that Social
Security benefits may not be avail able when he is old enough to
collect it adding that he had plann ed that the inheritance of the
land funding some of his old age . He noted that his property is
located in APZ 2 at the border eas t of the b ase and west of the
freeway.
He asked that the Commission take into consideration what they are
doing to everybody.
There were no questions by the Planning Commission.
Mickey Anders of 110 Pinehurst Cove noted that the LRAFB , since
1955, has been an economic engine for the City of Jacksonville. He
said that the growth the community has enjoyed has been largely
because of the influx of people and the economic impact from the
base. He said that stud ies for l ast year shows an i mpact for 1997
of 321 million dollars with 70 million of that f or Jacksonville
alone . He pointed out t h at news stories in December created a
shock for the bu siness people in t own . He added that the rumor was
not we l l founded bu t that t h e threat always exi sts . He said t hat
there will be a round of base closing according to Sec . of t he Air
Force Cohen in the year 2 001. He pointed out that encroachment and
activity with regard to a five mile radius could affect closures .
There were no questions by the Planning Commission.
Boyd Gibson of 4507 Maddox Road related that he has property that
joins the base on the north within the five-mile radius and that he
opposed having his property rights encroached upon.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
There were no questions from the Planning Commission.
Janet McKenzie of 7510 McKenzie Road declined to speak.
Una Piver of 21006 Hwy 107 voiced that the property owners were
being confronted with the problem of control. She related that
there is an out of control bureaucracy adding that private
ownership of property is the cornerstone on which this country and
citizens are insured the inalienable rights of life, liberty and
property. She made reference to the United States Constitution,
Amendment 5, 1791 which guarantees that no one shall be deprived of
life, liberty or property without due process of law nor shall
private property be taken for public use without just
compensation. She urged Lll e Commission to vote against thi R
extremely dangerous ordinance.
It was determined that her property lies in APZ 1.
There were no questions from the Planning Commission.
Thad Gray of #2 Danbury voiced that there are those present
including himself who do not know the intent of the matter or the
f uture meaning to whomever may own property in that area . He said
that it is fearful when someone has said there may be a l o ss of
property when there may or may not be, pointing out the biggest
fear may be the unknown.
He pointed out that the LRAFB has been in operation 40 plus years
and has been a great neighbor to the citizens of all surrounding
communi ties and areas. He added that the encroachment to the
flight line is the number one issue of any installation of its
kind. He said he felt the maps are good in informing people of
the danger areas adding that noise and safety are indeed factors
and need to be taken into consideration. He complimented the men
and women of the LRAFB pointing out t hat there has not been a
fatality in a long time. He added that the overall land use and
not zoning is being given consideration .
There were no questions from the Planning Commission.
Lyndon Whitledge of 103 Revere Court expressed concerns since
December 9, about the proposal, publ ished in the Arkansas Democrat-
Gazette, of the Planning Commission. He voiced that he has had a
problem getting someone to say that the Church he pastors is not in
this zone. He also rel ated that he h as had a hard time finding out
what is going on. He said that in this law that they passed, it
5
r !
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
says that everything is going to be according to AICUZ volumes 1,
2, and 3 which he has not seen the outside cover of. He said that
every newspaper comes out with a different headline and that one of
his biggest problems is it says that there's no public assemblies
allowed which to him meant no church noting that disturbed him. He
said that he was also disturbed that zone changes could take his
church in. He pointed out an article by Richard Magee in which was
pointed out that apparently no public assemblies meant that there
were to be no amphitheaters. He said that he don't know what is
going on and has tried very much to find out for three months.
He voiced that he had received a letter from the City Attorney that
said the City is not trying to take anybody's property.
He read from Black's Law Dictionary, which he alluded to as an
authority, which states that there is a taking of property when
government action directly interferes and substantially disturbs
the owners use and enjoyment of the property. To constitute a
taking within conscious limits is not essentially thereby
physically seizing or appropriating may be actual o:r:-material
interference with private property rights. He gave an example of
the noise of jet airplanes in process of taking off and landing can
amount to the taking or damaging of property for which the
constitution require$ that compensation be made. He said that also
taking of property is affected if application of zoning laws denies
property owners t he economical value use of his land which can
consist of preventing best use of land or extinguishing fundamental
attributes of ownership. He added that to him this is serious.
There were no questions from the Planning CommisBion.
Chairman Gray asked Mr. Whitledge if there was anything he said
that he would like to change.
Mr. Whitledge said he didn't think so.
Chairman Gray asked for anyone who wished to speak to come forward.
Charles Kent of 6011 Peters Road related that his property is on
the edge of APZ 2 and said that most of the prob1em that the people
in north Pulaski County have with the issue is that they will come
under the jurisdiction of people that they did not elect to govern
them. He said that everyone understands the importance of the Air
Base to the City of Jacksonville economically, etc . He said that
with what is going on his property values on reassessment tripled.
6
;PI
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
He said that he is wondering if the zones go in if he is going to
pay less in property taxes , because it will affect property values.
He said that property owners are aware of the planes and that
everyone accepts the noise and that they are grat eful for concern
for thei r well being but that the Commiss ion don't have to l isten
to them because t hey are not electe d by t he prope rty owners.
There were no questions from the Planning Commission.
Chairman Gray stated that the five -mile area is posted on the map
inside the Council room as a question was posed to identify it .
Maur i ce Johnson of 541 9 T .P . White Drive wanted clarification with
reg.ard to the five-mile radius on a map which was d istributed to
the audience. He questioned wha t i nformation is a v ailabl e to
potential buyers at the time property is sold.
There we r e no questions from the Planning Commission.
Pete Sisson of 1035 Maddox Road verbalized that the map shows that
his living room is in a zone but that the bedroom is not .
He contradicted concern about approaches on the air base adding
that in about 40 years, that he has been in the military, two of
three were taken over and made municipal airports.
He said that about two years ago the City tri ed to sneak through
annexation noting a budget survey by the F i re and Police
Departments with regard to servicing that area . He said that he
tried to contact the Planning Commission and got absolutely nothing
and that a friend on the Ci ty Council got nothing adding that the
only person, after three days of calling, was Mayor Swaim. He
expressed apprecia tion for the visit from the Mayor.
He said that this is not about the safety of the air base adding
that he pas been a l icensed pilot since 1967 flying out of Little
Rock , North Little Rock and general aviat ion is a lot less safe
than LRAFB. He said t h at he has flown military aircraft and has
been associated with the military for 27 years . Eventually, he said
the City will try to annex property and that is what this is about .
He said that when he read in the paper last year that the City
annexed the air base it is s upposed to be over law enforcement
jurisdiction. :He said that he is a retired depu ty sheriff and that
he never had jurisd iction ou tside t hat air base . He said that they
called him anytime and there was no place on the air base they
7
--, CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
could go. He said he understood it was divided, they never had a
problem, that Security Police always called them, so that was just
another ploy for Jacksonville to annex the whole base which gave
the a City an access to Hwy 107. He said that he did not know why
the City of J acksonville could not be honest with everybody.
There were no questions from the Planning Commission.
John McCaleb, who had prev i ous ly s poken, related that the property
owners outside the City believe ·that the air base is good for the
community and makes it a lot o f money and that is another reason
why the owners believe they should be able to compensate the people
for the loss of their property.
AT THIS POINT THE ISSUE OF CHANGING THE LAND USE MAP WAS GIVEN
CONSIDERATION BY THE PLANNING COMMISSION.
Chairman Gray stated that heretofore the City of Jacksonville has
had a land use map explaining that in perusing the map the Planning
Commi ssion is trying to envision, without stating specific zones or
subzones, future development in the community. He pointed out that
currently there are agricultural , residential , commercial , and
industrial manufacturing use . He noted that the map has been in
force but needs revision as does every good plan . He pointed out
that the AICUZ has not been planned before relating that it is like
but different to the Land Use Map in place for the City of
Jacksonville.
Phillip Carlisle of #8 Foxhunt Cove stated that he is on a
concerned citizens coalition but is not speaking for them. He
requested that the Planning Commission look carefully before
putting any sort of housing , convenient stores or anything of like
nature close to a chemical plant.
There were no questions from the Planning Commission.
Hank Craig of 1100 Redmond Road said that he felt the Commission
should consider possibly multi-family or commercial use of land in
what is today the industrial section of the City. He said that one
of the things really going for it is a well defined industrial
area.
Commissioner Piggee asked if Mr. Craig was interested in
residential over industrial or vice versa.
Mr. Craig stated that his request was that residential and
industrial areas not be mixed.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
There were no other questions from Planning Commissioners for Mr.
Craig.
John Farrell of #18 Kaye Lane pointed out some things regarding
Ashland Chemical Co. with respect to the Industrial Park. He said
that the plant was built in 1973, with an investment of 2.5 million
dollars at that time. He added that the value of the facility now
is about 10.6 million with an increase in employees from 28 to 50
and a 2.8 million dollar payroll. He added that the total expense
budget is approximately 6.6 million and that they are aggressively
seeking expansion in the neighborhood of 15 to 20 million dollars.
He said that Jacksonville is strongly being considered due to the
Industrial Park noting that if it is changed senior management will
take a whole different view. He said that 18 acres was acquired a
year ago in anticipation of the expansion. He requested that the
zoning remain induotrial.
There were no questions from the Planning Commission.
Larry Hamsher of 2800 General Samuels Road pointed out that
public record defines part of the public hearing is rezoning the
property at the corner of Redmond Road and General Samuels. He
noted that he lives in the Woodland Hills Subdivision as he
presented a petition of 98% of the p roperty owners there who
opposed the rezoning. He said that in previous meetings questions
were asked by Mr . Hartwick with regard to impacting industry. He
said it would amount to 15 to 20 million dollars. He said that the
neighborhood would like to make it perfectly clear that they
embrace any kind of development within the City of Jacksonville,
but that they don't embrace being told that a buffer is needed
between the industrial zone. He said that they consider the
industrial zone a buffer between the City. He pointed out that the
closest convenient store is about a mile away and that is the way
they want it to be. He said that all development is embraced by
the property owners, Mr. Lemmons included, however, the eleven
acres impacts far more than the Woodland Hills neighborhood.
He sain that Mr. Magee, at one of the last meetings, said that it
was a real caveat and asked the Commission to look at broader
issues. He said that if the Commission allows the rezoning to take
place as it is proposed, it will be subject to deal with another
person coming on down the line wanting to do the same thing. He
related that he had talked to Preston Robinson who related that he
wants to keep the area industrial.
There were no questions from the Planning Commission.
9
r CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
Mickey Anders of 110 Pinehurst Cove appealed to the Planning
Commission to keep in mind the intent of the Industrial Park and
provide adequate land for industrial recruiting.
He listed three goals for the City as suggested by Phil Sullivan,
past Economic Development Director; (1) find land for industrial
growth, (2) find and develop 100 acre parcel for industrial use and
(3) find and develop a second 100 acre parcel for industrial use
which parcel will contain fiber optics for high tech industry.
He requested the following; ( 1) help in finding the 100 acre
blocks noting that the industrial land at this point is rather
limited, (2) the whole issue of support for existing industry, (3)
look after the protection and health and safety of the residents,
keeping them clear from industrial areas.
There were no questions from the Planning Commission.
Mayor Swaim expressed concern that answers have not been given to
questions knowing that there is a process and that questions will
be answered at the meeting on April 14, 1998 at 7:00 p.m.
Chairman Gray asked if Mayor Swaim had comments on the industrial
area.
Mayor Swaim said that he did not.
At this time land use in other areas was given consideration.
Pete Sisson of 1035 Maddox Road declined to speak on the issue.
Attorney Ben Rice spoke to the Commission representing the Air Park
Museum noting that a request has been submitted to rezone eighteen
acres pointing out that on the Land Use Map the property is shown
to be residential and that the requested rezoning is for commercial
classification. He gave the location of the property as west of
Ole South Pancake House and south of Vandenburg Drive adding that
a developer has options on approximately six parcels of property
all properly zoned except the eighteen acres owned by the Air Park
Museum.
Chairman Gray asked if the eighteen acres joined commercial
property.
Mr. Rice replied that it did and that the request is for commercial
status on the Land Use Map as he displayed the location of the
property on a map.
10
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
Chair.man Gray closed the Public Hearing at 8:25 p.m.
Chairman Gray explained that questions will be given consideration
by the Planning Commission pointing out that input from the public
hearing will help in arriving at recommendations to be passed to
the City Council for their approval or denial. He said that hand-
outs with information regarding a state law was made available at
the beginning of the public hearing and information was provided
regarding the AICUZ study as well. He related that the law has
requested that the Planning Commission follow the AICUZ study in
passage of an ordinance with regard to the five-mile jurisdiction
of the City of Jacksonville . He pointed out that he had discussed
with Mr. Whitledge, at length, information and questions that the
Commission needs to hone out expressing appreciation for the same.
He said that the final result should be brought back at another
public meeting which io being worked on before presentation to the
City Council of a recommendation, which he added, will be
published.
Chair.man Gray announced that after a five minute recess, the
meeting would reconvene.
The meeting reconvened at approximately 8:35 p.m.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner
approve the minutes of the Regular Planning Commission
March 9, 1998. MOTION CARRIED.
Piggee to
Meeting of
Commissioner Walker moved, seconded by Commissioner Hardwick to
approve the Annual Report of the Jacksonville Planning Commission
for the year 1997. MOTION CARRIED.
REQUEST TO APPROVE BUILDING PERMITS:
There were no requests submitted.
REQUEST TO APPROVE PLAT: FINAL PLAT/JAMESTOWN SUBDIVISION (Bill of
Assurance)
A map of the subdivision was viewed by the Commission.
City Engineer Reel reported that he had received verbal approval
from the Wastewater Utility that all repairs have been completed
and that a letter is forthcoming. He added that everything else
meets the final stipulations of the City. He requested that it be
listed in the general notes on the final plat that any house on a
11
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 13, 1998
7:00 P.M. -8:50 P.M.
corner lot (being 18 and 19 of the Jamestown Subdivision Final
Plat) not be allowed to face the side lot setback line which would
be less than twenty-five feet.
Chairman Gray suggested that said notification be included as a
part of the Bill of Assurance as well.
Commissioner Corroum moved, seconded by Commissioner Piggee that
the FINAL PLAT of Jamestown Subdivision be approved as submitted
with the following stipulation that homes built on corner lots 18
and 19 will not be allowed to face the side yard setback and that
said stipulation be indicated on the plat and in the Bill of
Assurance. MOTION CARRIED.
PRELIMINARY PLAT FAIR OAKS SUBDIVISION PHASE 11
Glen Keaton, :representing Jerry Smith, voiced that since the
Planning Commission last viewed the map he had moved the street
right of way down to the south and increased the size of the
culdesac to a 60 ft. radius. He added that the same, that a house
will not face side yard setbacks and Main Street, will be indicated
on the plat and in the Bill of Assurance.
Commissioner Walker moved, seconded by Commissioner Nixon to
approve the Preliminary Plat as presented with the following
stipulation; that homes built on a corner lot will not face the
side yard setback and will not have entrance on Main Street and
will be written on the plat and included in the Bill of Assurance.
MOTION CARRIED.
GENERAL:
ANNOUNCEMENTS :
Chairman Gray expressed appreciation to the Commissioners for their
dedication and encouraged them to study information received at the
public hearing noting that a recommendation to the City Council
might be possible as far as Land Use from the meeting scheduled for
7:00 p.m. 14 April 1998.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 8:05 p.m.
Respectfully,
~ IL. ~).2/~ L\llM . ( Leor;ar)Hawlnns
Planning Commission Secretary
CITY CLERK-TREASURER
12
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OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray reconvened the Planning Commission meeting at
approximately 7:00 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.
Chair.man Gray answered ROLL CALL and declared a quorum. PRESENT
EIGHT (8), ABSENT (0). (One opening on the Planning Commission)
Chairman Gray related that the meeting would provide information
and asked that any questions for discussion be submitted in
writing. He explained that the meeting is a part of the process
for recommendation. He introduced Mr. Richard MaGee from Metroplan
and invited him to give an introduction as to planning jurisdiction
and the AICUZ study.
Mr. MaGee stated that the process began when the County Planning
Board asked Metroplan in conjunction with Jacksonville review
issues regarding the AICUZ study. He related that the issue was
prompted when the last legislative session passed a new law that
mandated cities that have federal installations implement
regulations supporting the AICUZ studies. He stated that while the
AICUZ study was passed with the Air Base specifically in mind there
are other laws on the books which every jurisdiction must abide by.
He said that the planning law was passed in 1957, adding that
Metroplan has been in existence since 1955 and has a long
institutional memory as far as planning issues. He related that
under State planning laws jurisdictions must establish a planning
area boundary which basically means to establish a 11 jurisdictional
area 11 beyond the city limits and controlled in some degree by the
ordinances a city enacts. He said that city involvement in
unincorporated areas may or may not involve zoning but often
involves subdivision regulations and master road plans. He related
that as permissive legislation (enacted in 1957) a city has the
choice to be involved however if they choose involvement they must
establish a 11 jurisdictional area" along with other requirements.
He related that the planning area boundary gives a city the
authority to extend jurisdiction up to five miles to institute
regulations. He further related that when cities abut one another
planning areas may be less than five miles. He pointed out that
political boundaries do not prohibit a planning area jurisdiction
when being established. He referred to the map and explained that
the territory outlined is the new boundaries under the five mile
law and accommodations for the AICUZ study. He stated annexation,
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
extending utilities and roadway capacity are some of the reasons a
city extends their planning boundaries into unincorporated areas,
adding that Jacksonville has historically extended its planning
boundaries heavily into North Pulaski County.
He offered an overview of the concept and how implementing State
Law was to be applied citing a number of intentions ie . an un-
intrusive manner with less impact on unincorporated reside nts but
at the same time easily administrated for the City of Jacksonville.
He related that while State Law does not prescribe method of
implementation it must be in accordance with the AICUZ guidelines,
adding that those guidelines are flexible in terms under planning
law. He proposed creating an "overlay district" without zoning
issues. He pointed out that State law restricts and prohibits uses
that would be detrimental to the Air Base and that the proposal
would not get .into use issues in the unincorporated areas other
than what State law provides regarding impact on the Air Base. He
stated that under zoning restrictions an individual parcel of land
would carry an individual use only, adding that this is not an item
of concern for the proposal. He offered that the only concerns in
the proposal would not describe individual use for property but
State adherence to the regulations under the AICUZ study regarding
uses that would detract from the Air Base. He said that it would
not preclude development on an individual parcel, adding that while
the entire area of the approach zone is "specific" it is not
"parcel specific". He said that County property owners would not
be as limited under the AICUZ regulations as under a traditional
zoning ordinance, adding that AICUZ regulations would not carry as
much impact on the individual property owner as a zoning ordinance.
He referred to an outlined area on the map depicting the overlay
district and pointed out that the City will have to meet all zoning
regulations and AICUZ regulations as part of the overlay district.
He said that there would be more restrictions in the City limits
than the overlay district in the County, adding that this was
intended to have the least impact on the residents in the
unincorporated areas and still achieve the goal of keeping the Air
Base a viable operations center. He concluded his proposal and
offered it for discussion to the Planning Commission.
Chairman Gray noted members from the County Planning Commission and
asked for authority status.
Mr. MaGee related that under the County Planning Act the Planning
Board, administered by the County Quorum Court, has the authority
outside the cities planning boundaries to administer subdivision
regulations.
2
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
He related that within the City's planning area boundaries outside
the city limits there exist a joint agreement for review. He
stated that the City has authority of approval with input from the
County is required by State law. He related that the County
Planning Board administers a County road plan in the City/County
planning area outside the City limits and developers of
subdivisions in that area have requirements for developing streets
and roads which have been in place for over twenty five years.
Questions regarding State laws were answered by Mr. MaGee.
Commissioner Hardwick commented on the question raised at the
previous meeting dealing with the constitutionality of the State
law passed in 1995. He further commented that the Planning
Commission is not the forum to address constitutionality of laws
feels that the body needs to confine their actions regarding
compliance with the 95 Act. He expressed empathy but suggested the
Planning Commission proceed with actions they are required to
implement.
City Attorney Bamburg responded by saying that "to his knowledge
there has not been a constitutional challenge to the 1995
legislation". He stated that issues of constitutionality would
have to be determined by the Supreme Court for Arkansas. He
concurred with Mr. Hardwick, adding that if there was a legal
challenge it would need to be address, adding that until there is
a challenge the Planning Commission is obligated under State
Statute to provide the regulations under the process started.
Commissioner Nixon stated that there have been several Supreme U.S.
Cases in the last five years that have dealt with new definitions
under the taking law and suggested the cases be reviewed to
determine if there is any language that would prohibit anything
specific the Planning Commission may want to implement. She
related that she has requested copies of the cases from the City
Attorney for review.
Chairman Gray qllP.Rti on if the process of creating an overlay
district and its terminology with regard to the ordinance, looking
at the land use map and zoning as applicable to the area known as
the 11AICUZ land use area" and perhaps have AICUZ zoning with
reference to APZ I and APZ II or clear zone. He voiced well
founded concerns by Commissioner Corroum in support of bringing the
overlay zone into all areas of Jacksonville but suggested that the
unincorporated area be looked at specifically for the AICUZ land
use with it being classified as such on the land use map.
3
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Commissioner Hardwick concurred with Commissioner Corroum in
support of bringing the overlay district into all areas of
Jacksonville. He questioned if present zoning addresses all issues
addressed by the AICUZ study and said that he felt the Overlay
district needs to include the entire planning area.
Chairman Gray question how it would be proposed that the area be
classified on the land use map ie. terminology. He clarified
Commissioner Harwick's sentiments by saying that it be proposed
that the community as a whole be overlayed with the AICUZ zone with
the unincorporated area (where no land use exist) would be the
unincorporated area of the overlay district.
Commissioner Corroum set forth the objective of our efforts and in
the next step discuss the impact on the actions being proposed. He
related that it has been voiced in legislation and the study the
attempt to avoid land use that would be incompatible with flight
operations resulting in potential loss of the Air Force Base.
Commissioners Piggee and Reid concurred with concerns regarding the
base closing list.
Commissioner Walker stated that his interpretation of the law does
not offer a choice for the City of Jacksonville, but is a mandate.
He concurred with other Commissioners who agreed that the overlay
district should extend into all areas of Jacksonville and the
unincorporated areas.
Commissioner Nixon expressed that in doing so it needs to be in the
manner least restrictive to the rights of the land owners in the
area. She asked that their rights not be ignored.
In response to a request from Chairman Gray, Commissioner Corroum
defined the objective to be what legislation dictates. He said
that cities should take steps to avoid adversely impacting the
ability of the Air Force to carry out its mission. He noted
circumstances with other Air Bases where they were "squeezed out"
and left with no opportunity to safely carry out their mission. He
encouraged continued growth but in a fashion that does not
adversely affect the ability of the Air Base mission.
Chairman Gray restated the objective and added that the health and
safety of the County residents be kept in mind. He related the
next step to be procedure for implementation in the least
restrictive manner as possible while complying with the law. He
pointed out that the law is specific as to what restrictions apply.
4
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Commissioner Nixon commented on specific restrictions outlined in
the ordinance citing the growth of vegetation which might attract
fowl and asking how this will be defined. She cautioned about the
wording and what could be considered a constitutional taking.
Chairman Gray related that the enactment of an overly restrictive
ordinance is not the desire of the Planning Commission, adding that
the process must begin somewhere. He questioned if wording in a
more general context might be a better way to write the ordinance.
Commissioner Nixon related the importance of reviewing the cases by
the Costal Development Planning Commissions implemented and their
restrictive covenants. She related a case from Florida cited as a
safety issue but ruled a takings by the Supreme Court.
Commissioner Hardwick intent of the law was to enable the City or
the Air Base to determine problems if they arise. He related that
enforcement was possible only through the cooperation from the
residents of the County, adding that there is no "enforcement arm"
in the County. He stated that a bigger problem than the takings
law is an occurrence which might cause the Base to close. He
stated that "we need to empower the legislation that we have, for
the jurisdiction that we have the best we can11 • He called for a
practical plan that would only restrict the use of the land to the
extent that it inhibit Air Base operations.
Commissioner Nixon commented that as an attorney she did not want
to proceed with action considered unnecessarily antagonistic and
becomes a court matter immediately. She stated that while it is
important to protect the Air Base, it is equally important to
protect the residents.
with regard to
concerns of the
He related that
Commissioner Walker supported enacting the law
operation of the Air Force Base and mentioned the
residents in the County regarding their rights.
creating specifics in some areas would take a
suggested it be left "general enough in nature so
much of a heartache for everyone 11 •
lot of time and
that it is not as
Commissioner Hardwick stated that issues to be addressed should
include information to tell residents where their parcels are
located, consideration for method of enforcement. He related that
there is "no plot to annex•• the area. He suggested that included
in the recommendation information be given to the City Council as
to how to identify the zones, what restrictions apply to those
areas. He then suggested that in that same language a clause to
grandfather existing and future circumstances be addressed.
5
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Commissioner Hardwick stated that after generally adopted,
enforcement may be a problem because of man power.
Commissioner Walker read from the Bill section two as follows 11 the
ordinance shall not prohibit single family residential use on
tracts an acre or mo re in a rea, going on to day that future
construction will comply with guidelines for the sound insulation
of residents close to air craft operations, which construction
shall be regulated and inspected by the city existing building
permit inspection ordinances and procedures 11 •
Chairman Gray asked for questions from the audience.
Mr. McCaleb of 4600 Annette Lane said that in big cities the
airports are located in the middle of residential, which is a lot
more dangerous that what is here . He said that it would restrict
the residents a tremendous amount. He asked that readings be from
the complete AICUZ study not the synopsis. He asked the Planning
Commission to read from the AICUZ study Volume I, page 14, figure
4 regarding what it allows.
Mr. Pete Sisson of 1035 Maddox Road stated that the Bill drawn by
Mr. Wilson is for the City of Jacksonville and is so ambiguous, he
wanted to know who will make the regulations and set forth. Not
just a question of who is going to do what, but who is going to
enforce it? He stated concerns for copies provided to everyone in
ordinance form.
City Clerk Lu Hawkins informed the audience that when passed by the
City Council it will be advertised in the news paper by law.
Chairman Gray said that copies of the ordinance will be sent to
interested parties. He stated that the Planning Commission is
trying to work through the process and giving it a great deal of
consideration to residents concerns, but also complete what the law
has asked be done.
Mr. Don Bowman of 16 Mohave (Madrud Road) said that a law is good
as long as it has a penalty for non-compliance, asking what is the
penalty for non-compliance with t he State law?
City Attorney Bamburg related that in review of any of the State
Statutes for municipal compliance failure to follow or handle
properly the individual can be subject to charges of malfeasance or
misfeasance of office depending on what the circumstances are.
He stated that there are no specific penalty provision in this
8
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
particular legislative act but that does not mean it is not subject
to a malfeasance or misfeasance of office action.
Commissioner Corroum commented that the penalty for non-compliance
in the worst case based on twenty-three years of flying operations
experience at all levels could be when people get into the wrong
place at the wrong time a terrible air craft accident could take
p l ace.
Mr. Robert Mathews questioned depth of enforcement as compared to
the enforcement in the City?
Chairman Gray responded that the general conception regarding new
construction would be enforced like it is in the City.
Commissioner Nixon noted that this deal with s ound insulation
requirements and commented that she does not read this as a strict
compliance with City codes.
Ms. Una Piver of 21006 Hwy 107 questioned the planting of crops,
t rees and etc. fish ponds, lakes, creeks, etc. that attracts birds
and where it will end? If you are a City Planning Commission why
are you worried about the County? What about migratory birds?
Chairman Gray noted that these will be items for discussion.
Mr. Lydon Whitledge of 103 Revere Court stated that he has concerns
for the church he pastors after studying the different maps.
Chairman Gray plan a system to get through on a reasonable timely
basis such that everyone knows when it will be discussed.
It was noted that copies of the full AICUZ study would be provided
to the Commissioner before going further.
Chairman Gray invited Mr. Ben Rice to address the Commission
regarding the request to rezone property to commercial from R-3.
Mr. Rice related t hat the property adjacent to the south and east
is zoned C-3, noting that all property to the east of Bailey Street
is commercial excludin g this parcel.
Chairman Gray clarified that the request before the Commission is
to consider a change on the land use map from residential to
commercial.
9
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Mr. Rice related that a company from Jonesboro is designing a
commercial development, adding that the property is essential for
that development. He stated that it would be a very nice
development for the City of Jacksonville.
In response to a question posed by Commissioner Hardwick, Mr. Rice
related that the property is located between Baseline and
Vandenburg.
Mr. Rice related that the Museum owns the property and efforts with
developer to develop the property along Baseli ne up to the property
with access from the freeway to the Air Park Museum.
Chairman Gray related that if recommended for a commercial change
the Planning Commission will address specifics when the rezoning is
presented.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
recommend to the City Council amendment of the Land Use Map to
reflect this tract of land as commercial.
In response to a question posed by Commissioner Piggee, Mr. Rice
related that the area is not populated presently, adding that of
the thirteen acres three of which is in the flood plain.
At this time MOTION CARRIED.
Commissioner Walker moved, seconded by Commissioner Piggee thab
there be no additional changes in the Land Use Map for
recommendation at this time. MOTION CARRIED.
Chairman Gray expressed appreciation to Commissioner Nixon
regarding her insight and helpful background as an attorney. He
related that besides City Attorney Bamburg, Commissioner Nixon will
be "our Planning Commissioner" in charge of helping the Commission
gain a better understanding.
Discussion ensued as to the time frame for obtaining copy material
with time allowed for review of said material after a short
consideration the general consensus was to schedule the next
special meeting for 27 April 1998 at 7:00 p.m.
Discussion ensued as to considerations for a draft ordinance. It
was noted that the 1992 version of the study is the most current.
Commissioner Reid asked that the public be notified when meetings
will be held.
10
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray adjourned the meeting at approximately 8:55 p.m.
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray stated that most questions are predominate to the
approach zones, adding that his thoughts are to begin in general or
specific form and work our way back from there. He related that as
far as working through the discussion, Commissioner Nixon has legal
questions and legal suggestion to consider a proposal in the
ordinance to be specifically like it is written in the law.
Discussion e nsued as to the support of a grandfather clause and
land parcel maps for public information purposes along with the
dimensions of the approach zones.
City Attorney Bamburg reminded the Commission that the Bill from
the 1995 legislation provides authority to look at restrictions of
future use. He related that the AICUZ study provides for future
use not current.
Chairman Gray requested that copies of the detailed AICUZ study be
provided to all Commi ssioners. He pointed out the approach zones
on the map and related that his understanding is that all of the
clear zone is located on Air Base property.
Discussion ensued as to the necessity of a grandfather clause if
the AICUZ study only addresses future use . Commissioner Corroum
stated that he feel it to be necessary when talking about sale of
property and the use is not changed it should be grandfather.
Chairman Gray related that in many instances a use variance is not
transferable, adding that it will need to be addressed. He related
concerns by many of the churches in the areas and specifically how
their growth may be affected.
Commissioner Hardwick stated that his interpretation of the law did
not intent to prohibit the growth of churches.
Commissioner Corroum clarified that suggested wording in the AICUZ
study are meant to suggest guidelines.
Chairman Gray related that while the law passed is specific in
certain areas, "we need to do our best to take care of the people"
and come up with "a common sense approach" using guidelines that
may not be exact but the motivation will be to try and follow it.
Commissioner Corroum related that the Federal Aviation Regulation
(FAR) serves as the basis of the study and states that it restricts
flight t o 1,000 feet from open air assembly, whereas it provides
for 5 00 feet ou tside an incorporated area . He stated that the
point is to follow t he FAR's and safety concern s for congregations.
6
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CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray posed the question of restrictions for future
congregations.
Mr. MaGee stated that guidelines in category 71 prohibit churches
and cultural activities in approach zones I and II with a foot note
for zone II stating that you have to apply a population density
formula before it can be determined if the area can have a church.
He related that the density formula refers to a number of people
per hour on an acreage basis. He indicated that this information
is found on page 17 of volume II.
In response to a questioned called from the audience, Chairman Gray
related that there are no problems for a business in the discussed
area. He stated that there has been no discussion that · has
occurred which dealt with prohibiting the running of a business for
property o wners in the area. He reiterated that the intention is
not to r estrict the use of the land in that regard. He related
that the land owners in zone I and II have a greater concern as to
how it is worded and worked out, adding that it is not the
intention to change property owners rights to do with their land
what they want.
Commissioner Nixon stated that adoption of the land use on the
compatibility chart is in direct conflict with State Statutes,
citing that it calls for no residential in APZ I while the Statute
says to restrict residential one per a cre . She s tated that any
conflicts would need to be dealt with.
Commissioner Hardwick pointed out that the General Assembly said to
follow the AICUZ study but made the decision not to prohibit
residential in any zone other than the clear zone which is not
private property. It was noted by Commissioner Nixon that the less
restrictive interpretation allowing for residential would be more
reasonable. She noted that restrictions for business, public
assembly, and shopping districts are mentioned in the AICUZ study
but not mentioned by the Statute.
Chairman Gray r.larified that outside the approach zone I and II you
can run a business but you cannot have a smoke stack. He stated
that the Planning Commission is not trying to dictate to businesses
unless it impacts airplanes. It was noted that grandfather
businesses can change ownership as long as the primary character of
the operation does not change.
In response to a comment from Commissioner Piggee, Chairman Gray
noted that the way the law is written it would require our City
Code Officers to insure compliance with building codes.
7
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OPENING REMARKS:
Chairman Gray opened
approximately 7:05 p.m.
attendance.
ROLL CALL:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 27, 1998
7:00 P.M. -8:45 P.M.
the Planning Commission meeting at
and expressed appreciation for those in
Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker,
Lester Piggee, Mark Perry, and John Hardwick answered ROLL CALL.
Chair.man Gray answered ROLL CALL and declared a quorum. PRESENT
EIGHT (8), ABSENT (O). (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
19.(.
AICUZ STUDY CONSIDERATION:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 27, 1998
7:00 P.M. -8:45 P.M.
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.
2
CITY OF JACKSONVILLE, ARKANSAS
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
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CLEAR ZONES AND APZ 1 & 2
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
APRIL 27, 1998
7:00 P.M. -8:45 P.M.
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
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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 c oncern t h at 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 l abeled any property
hazardous and that concerns will definitely be given consideration
in the decision making process.
Commissioner Hardwick asked for a copy of the restricti ons 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 c l ose 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 11 grandfather clause 11
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 City
of Jacksonville.
5
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
consistent flight patterns on certain hours of the
requested that the Planning Commission question the Air
regard to the matter.
regard to
day. He
Force with
Chairman Gray voiced that the Planning Commission has tried
diligently to notify those interested in attending the meetings by
mail-outs, newspaper, etc.
It was suggested that churches be advised of meeting dates.
6
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J
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
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.
7
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,
~-~-,.if:~
City Clerk-Treasurer
8
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
7:00P.M.
MAY 11, 1998
Regular Planning Commission
Meeting April 13, 1998
Special Planning Commission
Meeting April 14, 1998
Special Planning Commission
Meeting April 27, 1998
Rezoning Request of the LRAFB
Historical Foundation from R-3
to C-3 (date to be announced)
Bldg. Perm it for 80 acres
at Coffelt Road and Hwy 67/167
(Pet: Recreation Unlimited, LLC)
DISCUSSION: AICUZ Study
APZ Zone I & II Five Mile
Planning Jurisdiction considerations
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
Chairman Gray opened the meeting and expressed appreciation for
those in attendance.
ROLL CALL:
Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker,
Lester Piggee, and John Hardwick answered ROLL CALL. Chairman Gray
answered ROLL CALL and declared a quorum. PRESENT SEVEN (7}
ABSENT (1}. (One opening on the Planning Commission}
Others present for the meeting were Mayor Tommy Swaim, City
Attorney Robert Bamburg, Deputy City Clerk Susan Davitt, Marci
Wilson, State Representative Pat Bond and Engineer Tommy Bond,
Richard MaGee from Metroplan, Alderman Elliott, petitioners,
interested citizens, and a member of the press.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Rudy Reid that
the minutes of the Regular Planning Commission Meeting of 13 April
1998, the Special Planning Commission Meeting of 14 April 1998, and
the Special Planning Commission Meeting of 27 April 1998, be
APPROVED with corrections in the spelling of the word (Black's} Law
Dictionary, page 6, 13 April minutes and (AICUZ}, 27 April 1998
minutes. MOTION CARRIED.
REQUEST TO SET PUBLIC HEARING (S): Request made by the LRAFB
Historical Foundation to rezone a parcel from R-3 to C-3 (General
location south of vandenberg, north of Ha..tJI::!DuLg)
Commissioner Corroummoved, seconded by Commissioner Piggee to host
a public hearing for 8 June 1998 at 7:00 p.m. during the Regular
Planning Commission Meeting to hear the rezoning request from the
LRAFB Historical Foundation to rezone a parcel of approximately 15
acres from R-3 to C-3. MOTION CARRIED.
REQUEST TO APPROVE BUILDING PERMITS: Bldg. Permit for 80 acres at
Coffelt Road and Hwy 67/167 (Petitioner: Recreation Unlimited,
LLC}
Mr. Jack Caston, Golf Course Planning Consultant, Little Rock, AR
was introduced by Chairman Gray.
He related that a golf course learning center is proposed off
Coffelt Road and Hwy 67/167 with a nine-hole executive course.
He introduced Mr. Tom Hansen, a golf pro, and Mr. Mike Moran.
1
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
He said that no change in zoning is requested and that the land use
is strictly recreational.
Chairman Gray related that this is an 80 acre tract outside the
City limits which is not zoned.
In response to a q uestion p osed by Chai rman Gray, Mr. Caston
related t hat after dev elopment of the golf c ourse the limited
resi dua l acreage may at a later t i me be considered for residential
development and limited to less than one dozen lots.
Discussion ensued as to layout of the site plan and Mr. Hansen
related that the learning gol f center will be much the same as the
one at Foxwood Country Club and will offer sixty-five tee
positions.
He then related that the development would fea t ure a three or four
thousand square foot control center and will o ffer a miniature 18
or 36 hole course creating a family atmosphere.
In response to a question posed by Commissioner Nixon concerning
the fut u re of Foxwood Country Club, Mr. Ha nsen said that plans are
to compliment Foxwood by creating new players who will patronize
the Club.
Commissioner Piggee questioned what effect the development would
have on City utilities etc.
Chairman Gray related that he was not aware of City utilities that
adjoin the property.
Mr. Hansen pointed out that there is a 6 and 8 inch water line
adjacent to the property noting that sewer is about one and one-
half miles away and that no extension from existing service is
requested, that septic tank is proposed.
To a question regard ing a proposed bowling all ey, t h e developer
replie d t hat he felt t hat is p r ematu re a t this time . He related
that the i nten t is to i mpound water on the property, that no type
of metered water is proposed to irri gate t he g olf course .
Fire protection was discussed and the consensus was that a
volunteer Fire Department would service the development.
Chairman Gray rel a ted that the preliminary site plan is for the
development of a golf c ourse proposed for an acre parcel at Coffelt
Road and Hwy 67/167 .
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
The general consensus of the Commission was that the developer
proceed with his plans for the golf course and bring any additional
improvements back for their perusal. Commissioner Corroum
commented that a plot plan showing streets, road access, fire
hydrants, water lines, etc. would be desirable in such
presentations.
Commissioner Hardwick expressed appreciation to the developer.
REQUEST TO APPROVE PLAT:
GENERAL: DISCUSSION: AICUZ STUDY, APZ ZONE I & II, and FIVE MILE
JURISDICTION considerations
Chairman Gray updated the Commission with regard to the work done
by the Commission in arriving at a recommendation to the City
Council regarding the mandate handed down by State Law and stated
the desires voiced at the last meeting as follows; (1) a formal
update from Base Personnel (2) find out information with reference
to FAR Part 77 sub part (C) with reference to noise contours (4)
seek information from the Air Force/ in writing, with reference to
any non-conformance in all zones (5) gather information regarding
a "Grandfather Clause''· He related that all said information is
being sought.
Chairman Gray noted that the "Wyle Research 89-7 Guidelines for the
Sound Insulation of Residences Exposed to Aircraft Operation8" wcts
distributed to Commissioners earlier and encouraged them to study
the report.
He explained that in the early 1990's the Department of Defense
started closing various bases around the country as part of the
reduction in the Air Force. He said that LRAFB was reviewed in
each round of the closures and at that time there was an effort to
discover if there was anything that could possibly be done to
insure the enhancement of the base as it came to a base closure
commission. He said that some of the information that was gleaned
from that has to do with compatible air space. He pointed out that
Air Force bases around the country have created "Air Installation
Compatible Use Zones". He related that a State Law was passed at
that time which set forth guidelines for the City to use the
planning jurisdiction, to use some of the reference points, as a
guide, out of the AICUZ Study as far as creating an ordinance that
would restrict or prohibit future uses in the planning area. He
read the following from State Law; that interpretations of such
ordinance shall take into account such recommendations or studies
with a view of protection for the public and maintenance of safe
3
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
aircraft preparations. He noted that the public hearings are being
held in an effort to carry out the mandate set forth in the law for
the City of Jacksonville. He pointed out that interpretations of
the AICUZ Study can be numerous, that it will be used as a
background in the creation of an ordinance, and that the
interpretations of the public will be used as well. He said that
the desire of the Commission is to create the least amount of
change possible for the residents of the area.
He introduced Mr. Lucian Gilliam, Deputy Base Civil Engineer of
Little Rock Air Force Base since 1994.
Mr. Gilliam stated that he had worked at the LRAFB
adding that he graduated from the University of
structural engineering.
since 1973
Arkansas in
He addressed the AICUZ Study and informed the Commission and those
in attendance regarding the following: AICUZ Study Sec. 3,
Paragraph a,b,c,d,e, and f.
(a) Any substance which would impair visibility ·of the aircraft
i.e. steam, dust, or smoke (mentioning a cement manufacturing
plant)
(b) Light emissions, direct or indirect, reflective which would
interfere with pilot vision (relating that a concern would be
lights on the center line of the runway and aimed straight up at
the incoming aircraft)
(c) Electrical emissions, which would interfere with aircraft
communication systems or navigational equipment (cb radios , ham
radios, cell t elep hone towers, AM and FM radio stations are not a
concern)
(d) Anything which would attract birds or water fowl which would
include but not limited to the operation of sanitary land fields,
maintenance of feeding stations or growing certain vegetation
(noting a duck hunting club in Holland Bottoms would not pose a
problem -normal turkey or chicken raising is not a problem)
(e) No structures within ten feet of aircraft approach/departure
and/or transitional services (the same requirement as FAR Part 77
sub part c -no structures taller than 500 feet within about 8 1/2
miles of the airfield)
4
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
He explained that within 7,000 feet of the airfield, the limit is
150 feet, and that between one and one-half miles out and three
miles out from 150 feet to 500 feet. He related that neither the
Jacksonville High Rise nor the radio tower near Brushy Island
penetrate the zone. He said that with the 3,000 ft. clear zone at
the end of the runway, the height limit is sixty (60) feet.
He noted that the Air Force has easements on both ends of the
runways to cut trees that penetrate the zone adding that
approximately two years ago about 200 trees were cut from privately
owned property off each end of the runway. He noted that on the
west side of Hwy 107 there is about 100 trees that penetrate the
zone about ten (10) ft. He said that the owner has given
permission for the trees to be cut adding that the Base does not
have an easement on that particular piece of property.
He provided the City the WYLE RESEARCH REPORT WR 89-7, GUIDELINES
FOR THE SOUND INSULATION OF RESIDENCES EXPOSED TO AIRCRAFT
OPERATIONS, published in November 1989, now on file in the office
of the City Clerk, as a source of information for perusal by the
general public.
He said that good sound installations are found in the WYLE
Research Report in Table 3-12, page 3-36, which suggests the
addition of acoustically absorptive material to a thickness equal
to R-19 to attic space. He explained that the same would be equal
to six inches of fiberglass and would make the sound level good for
70 decibels . He added that the use of thermo-paned windows is
suggested.
Mr. Charles Kent asked about a later noise contour map than that of
1992.
Mr. Gilliam replied that there are about 70 thousand flight
operations per year adding that the air base is the third busiest
in the air force. He said the number of aircraft at the base is
about the same as four to six years ago.
Mr. Lyndon Whitledge asked for zone line clarification noting that
of six maps in his possession the location of his church, with
regard to zone lines, is still unclear.
Mr. Gilliam said that the assessors office prepared the maps on
display in the Council Chambers.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
It was suggested by Mr. Gilliam that a U.S. Coast and geodetic
survey map, a TOPO map, would be very accurate, or a geology map
to be sure about the location under question.
Mr. Richard Magee voiced that the assessors office was mainly
intent on identifying property owners.
Mr. Gilliam said that the Air Force has not tried to pinpoint, that
they are interested in 15,000 feet out and 3,000 feet wide.
Mr. Whiteledge contended that the map is wrong on display in the
Council Chamber.
Mr. Ralph Pridmore stated that the Air Force miscalculated in 1997
and cut some trees located on his private property.
Ms. Lila Ruth Pearle commented that trees were cut on her property
as well without easement rights.
Mr. Charles Kent questioned the definition of the~AICUZ zone.
Mr. Gilliam said that the zone is about eight miles, 44,500 feet
off each side of the runway and in one particular increment, or
triangle, it goes 50,000 feet off each end of the runway which is
mainly height limitations. He added that, at this time, there are
no structures that penetrate the height. ~
Mr. Gilliam related that the requirements for a mi1itary airfield
and a commercial airfield are essentially the same.
Mrs. Mona Stapleton questioned construction requirements about five
miles out.
Mr. Gilliam said that the Air Force is interested in structures
five hundred feet in height or more.
Mr. James Farris questioned the similarity of commercial and
military airfields.
Mr. Gilliam related that studies from Ft. Walton Beach Florida by
the Federal Aviation Administration and the Air Force include noise
and elevation height and mapping studies. He said that
requirements for commercial airfields is called FAR 77, Part C. He
said they are identical to an Air Force regulation called AFR 86-
14. He said that requirements are the same for large commercial or
Air Force airfields.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
Mr. Charles Kent questioned why, with federal regulations in place,
is the City of Jacksonville considering an ordinance to regulate
anything in the five-mile area.
Mr. Steve Griffin posed a question regarding height regulations.
Mr. Gilliam stated that the center line of the center of the runway
at the LRAFB is the beginning point for measurement which is 311
feet of elevation. With reference to his personal dwelling, Mr.
Gilliam said there would be a limitation of 400 feet. He said that
Mr. Griffin is not out of compliance adding that the Air Force is
extremely careful and precise about the glide slope.
Mr. Don Bow.man questioned the height level for zone 1 noting that
he has a non-compatible house on Madru Road and whether or not a
survey can be done by the Department of the Air Force to confirm
where lines actually run.
Mr. Gilliam said there are no problems on the east end of the zone.
He said that he did not think the Air Force could run a survey. He
said that the Corp of Engineers is doing some other surveys at the
present time.
He related that there are height easements desired to be purchased
which involve a five hundred foot wide sliver.
Chairman Gray pointed out that more maps would be sought as
comments continued regarding the possibility of those on display
being inaccurate.
Mr. Gilliam stated that the runway is 311 feet above mean sea level
in reply to a question by Mr. J.W. Huffman.
Chairman Gray thanked Mr. Gilliam for his participation.
He read a letter from Attorney Mike Wilson which is on file in the
office of the City Clerk.
Commissioner Nixon related that she did not feel inspections
regarding sound requirements should be the responsibility of the
City of Jacksonville, that is self policing.
Commissioner Walker pointed out that for the most part, the sound
installation basically falls in the catagory of normal building
practices.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
The Commission by common consensus agreed that regulating building
activity in Pulaski County is not their interest.
Commissioner Hardwick brought up the point of height restrictions.
Chairman Gray voiced that he did not feel the intent of the
Commission is to set up a building inspection program in the county
outside the city limits.
Chairman Gray reiterated that State Law has mandated that the City
of Jacksonville set some guidelines with regard to the five-mile
planning jurisdiction.
Mr. Gilliam related that from the viewpoint of the Air Force, on
the east and west end of the runway, there are no places in APZ 1
or 2, that is a problem. He said that there is a subdivision,
covering a very small area, on the west end in APZ 2 that has one
house on less than an acre.
He said that in a conversation with the general at, the base there
is nothing in APZ 1 or 2 at present out of compliance. He said
that a high-rise apartment building with approximately 40 or 50
people per acre would be of concern to the Air Force.
Chairman Gray introduced Mayor Swaim and requested that he address
the matter of annexation.
Mayor Swaim would not promise that annexation would not take place
in the future noting that Sherwood, North Little Rock, and
Jacksonville are always expanding. He did say that the City of
Jacksonville did a survey regarding fire and police protection,
sanitation, drainage and streets. He said that it would have cost
over a million dollars to open up and start the services for the
area under survey. He pointed out that State Law sets forth, when
an a rea is annexed, that a begining date of services will be
provided. He related that the City does not want to go into an
area that will cost the City over a million to a million and one-
half dollars.
He said that if ten thousand acres were annexed, the City of
Jacksonville would not get any tax dollars to help with providing
the protection for residents as mentioned previously. He said that
the City of Jacksonville does not charge a real property tax,
noting that millage tax, voted on in the past, does aid in police
and fire retirement. He said that a sales tax or business would
generate some funding to the City. He pointed out that the City
does not want to take anybody's land adding that a tremendous
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
amount of service would have to be provided for it. He added that
the survey done by the City negated building one sub-station for
both fire and police. He said that fire trucks and police cars
would have to be purchased noting that someday there will be
growth.
He said that there is more than one reason for annexing the
remainder of the LRAFB explaining that a portion of Vandenberg was
outside the City limits and complicated protection efforts. He
said that base closures influenced the decision as well noting that
the Quorum Court gave approval of the same.
He said that the five-mile jurisdiction has been in place for
years.
Mr. Bowman commented that he felt the City is interested in
controlling the area more than annexing it, which Mayor Swaim
denied in that there is no gain for the City in annexation.
There were comments regarding crime and passage of the law that
mandates some action by the City of Jacksonville. He related that
the City did not have to have any public hearings, that an
Ordinance could have been passed and put in place without contact
with any property owner in the area. He said that is not the way
the City wants to do business noting that four meetings have been
held with opportunity for input from anyone.
Mayor Swaim pointed out that the law setting forth the mandate for
action by the City of Jacksonville was passed in 1995 after going
through proper channels.
Mr. Charles Kent questioned why, with everything in place at this
point in federal law, does the City of Jacksonville need to pass an
ordinance regarding the five-mile planning jurisdiction.
It was pointed out by one citizen that persons in the area cannot
vote for elected persons in the City and questioned how the City
can have jurisdiction over that area.
Mayor Swaim replied that State Law passed in 1957 gives every city
in the State of Arkansas five-mile jurisdiction. He said that the
jurisdiction is given so that cities may aid in planning of the
five-mile areas. He related that the law says that one house per
acre is permissable.
He noted that any tax collected from the area, with reference to
gasoline, would have to be used on roads alone.
9
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 11, 1998
7:00 P.M. -9:00 P.M.
Chairman Gray reiterated that it has been clearly stated that
annexing the area is not the intent of the City of Jacksonville as
voiced by the Mayor and the Planning Commission.
He explained that the five -mile radius has to do with development,
subdivisions. He said that if one (1) house is built the City will
not enter into the matter adding that if a tract of ground is
subdivided, putting in streets or utilities, then the project
should come before the Planning Commission.
Mayor Swaim said that the law says that the City can regulate the
development of the land.
A question was presented regarding putting two houses on one and
one-half acre.
It was noted that perk tests, approved by the County Health
Department, will be the determining factor in the matter.
Chairman Gray thanked Mayor Swaim for his input.
He pointed out that the next process the Planning Commission will
be working on will include obtaining a map that will make everyone
feel comfortable, and a continuation of hearing from owners who
live in zones 1 & 2 with input from the Commission referencing the
WYLE Research Report. He added that a written response on any
conflicts that may exist as noted by t he LRAFB will be sought as
well.
He pointed out that the meeting will begin at 7:00 p.m. on 8 June
1998 at City Hall.
Mr. Piggee commended Chairman Gray for his efforts in conducting
the meetings, and guiding the Planning Commission as they work
through the mandate.
ANNOUNCEMENTS :
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 9:00 p.m.
Respectfully,
~ 'i4c. ~ ):/k~ Lul -M. (Leonar ) Hawkins
Planning Commission Secretary
CITY CLERK-TREASURER
10
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JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. BUILDING PERMIT{S):
6. REQUEST TO APPROVE
PLAT{S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. INFORMATIONAL ITEM:
8. GENERAL:
ADJOURNMENT
7:00P.M.
JUNE 8, 1998
a.
Regular Planning Commission
Meeting May 11 , 1998
REZONING REQUEST R-3 to C-3
by LRAFB Historical Foundation
(petitioner: Mr. Ben Rice)
b. CONDITIONAL USE: R-2 in C-4
zone generally located between
Overview Drive and James Street
on the south side of Redmond Rd.
(petitioner: Mr. Jim Peacock)
a.
b.
FINAL PLAT: Bushwood Estates
PH II B.O.A. included in packet
(petitioner: Chet Shirmer)
(represented by Bond Engineering)
PRELIMINARY SITE PLAN: Timberwood
Subdivision Apartment Complex
on South Hospital Drive
(petitioner: Arkansas Multi-Family
Housing, LLC)
(represented by Bond Engineering)
(site plan included in packet)
PUBLIC HEARING 13 July 1998
Conditional Use Request for R-3 in
C-2 zone. 1.5 acres South Hospital
Drive (petitioner: Arkansas
Multi-Family Housing, LLC)
DISCUSSION: AICUZ Study
APZ Zone I & II Five Mile
Planning Jurisdiction considerations
(
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 1998
7:00 P.M. -8:55 P.M.
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance and requested roll call.
ROLL CALL:
Commissioners: Rudy Reid, Bob Walker, Mark Perry, and John
Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and
declared a quorum. PRESENT FIVE (5), ABSENT (3). (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, Alderman Kenny Elliott, Mr.
Richard Magee, Petitioners, and Editor John Parham of the
Jacksonville Patriot.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Hardwick that
the minutes of the 11 May 1998 Regular Planning Commission meeting
be APPROVED. Chairman Gray voted AYE. MOTION CARRIED.
PUBLI C HEARI NGS:
a. REZONING REQUEST R-3 TO C-3 by LRAFB Historical Foundation
Chairman Gray opened the public hearing at approximately 7:05p.m.
From a photo copy of a portion of the land use map of the City of
Jacksonville, Mr. Rice pointed out the area requested to be
rezoned. He related the zoning classification of areas surrounding
the parcel; bordered on the west by Bailey St., with everything
south of it zoned C-3 and everything east of it zoned C-3. He
added that to the north it is bordered by Vandenburg Blvd. and
Baseline Road, a platted but undeveloped street.
He said that the possibility of the area developing into a shopping
center area is the reason for the C-3 zoning classification
request. He said that a company out of Jonesboro has under option
about thirty acres in the general vicinity, including thirteen
acres owned by the Historical Foundation. He related that
approximately one fourth of the Historical Foundation property is
in the flood plain. He noted that the Jim Medress property, now
vacant, is part of the proposed project.
He reminded the Commission that the request is being made following
a change in the land use plan, approved by their body and the City
Council.
1
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray closed the public hearing at approximately 7:10p.m.
There was a general discussion regarding access to the property
which was s tated by Mr. Rice as off John Harden, North Bailey,
Vandenburg, a nd Baseline Roa d which is u ndeveloped at present. He
said that the Historical Foundation has an easement coming off
Vandenburg to its property, for an Air Park Museum but not for a
shopping center, and possibly off John Harden. He added that if
the property is sold to the developer, that easement will not come
into play. He stated that other options for access to the
property, if used for a shopping center, would be to purchase
easements and develop Baseline Rd., coming off John Harden, which
is already platted and dedicated to the general public.
There was discussion regarding Baseline Rd. as far as development
in the future, zoning of surrounding parcels (C-2), with concerns
being expressed regarding access, from Bailey Street, to the parcel
under discussion regarding the creation of a commercial shopping
center.
The general consensus of the Commission was that a recommendation
that access for a shopping center be off John Harden.
Chairman Gray noted that there are unfinished streets which could
come into play with development of the approximate thirty acres.
Mr. Rice said that the developer has invested in such a way that he
feels they will see the projected commercial endeavor through.
Commissioner Walker moved, seconded by Commissioner Hardwick to
APPROVE the request to rezone approximately thirteen acres owned by
the Historical Foundation, legally described in the minutes of 11
May 1998, from R-3 to C-3, contingent upon the main access to the
parcel being off John Harden Drive, if the property is not used for
the Air Park Musewn. MOTION CARRIED with Chairman Gray voting AYE.
(item to be sent to City Council for Approval)
b. CONDITIONAL USE: R-2 IN C-4 zone general location between
Overview Drive and James Street on the south side or Redmond Road
Chairman Gray opened the public hearing at approximately 7:33 p.m.
He i ntrodu ced Mr. Jim Peacock, a local real tor in the City of
Jackso nv ille, who related that he has a client who desires to build
a two-bedroom duplex on the parcel.
Chairman Gray closed the public hearing at approximately 7:34p.m.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 1998
7:00 P.M. -8:55 P.M.
Mr. Peacock stated that he has owned the property for a long time
and that it has not been subdivided, that it is the remaining part
of a larger lot that was divided in the relocation of Redmond Rd.
He said that the intention of his client is to build a two-bedroom
duplex containing approximately 1,000 square feet on each side. He
related that it b~r.kR to residential and has multi-family on the
west side adding th~t. hA fAA] R the duplex, which is a conditional
use in a commercial zone, would fit in the overall scheme rather
than a commercial development for which it is now zoned.
Commissioner Hardwick moved, seconded by Commissioner Rudy Reid to
APPROVE the request of Mr. Jim Peacock for a conditional use of R-2
in a C-4 zone, general location between Overview Drive and James
Street on the south side of Redmond Rd., as requested. MOTION
CARRIED with Chairman Gray voting AYE.
a . FINAL PLAT; BUSHWOOD ESTATES PH II/Bill of Assurance on file
Mr. Glen Keaton, representing Mr. Chet Shirmer, requested that
Bushwood Drive be renamed Jetta Drive.
Development of the subdivision was discussed with City Engineer
Reel stating that the streets are not in and complete and that
there are no letters of acceptance from the Water and Sewer
Departments. He said that curb and gutter are in, that water
sample approval is pending and that a letter is in route to his
office approving the sewer. He related that he would not want to
take the plat to the Council until letters of acceptance are in
hand and the street is in.
He said that Mr. Shirmer feels all will be completed in time for
the matter to come before the Council at their first meeting in
July, before the next Regular Meeting of the Planning Commission.
The culdesac length was discussed with explanation by Mr. Shirmer
of future development with the street going back east and tie into
Emma Lane. He related that there is approval by the Fire
Department for the development as presented regarding the culdesac.
Commissioner Perry moved, seconded by Commissioner Reid to ACCEPT
the FINAL PLAT of BUSHWOOD SUBDIVISION PHASE II with the following
stipulations; (1) that letters of acceptance in hand from the
Water and Sewer Departments (2) that streets be completed to the
satisfaction of the City Engineer (3) that Bushwood Drive be
renamed Jetta Drive and (4) that a letter of approval be on file
from the Fire Department with reference to the culdesac as granted
by variance. MOTION CARRIED with Chairman Gray voting AYE.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 1998
7:00 P.M. -8:55 P.M.
b. PRELIMINARY SITE PLAN: TIMBERWOOD SUBDIVISION APARTMENT
COMPLEX on SOUTH HOSPITAL DRIVE
Mr. Glen Keaton related that there is a total of four acres in the
project with three acres in Phase 1, adding that there are three
buildings in Phase I and one in Phase II.
City Engineer Reel pointed out that the plat is actually a Sketch
Plat showing the development scheme of the proposal. He added that
there will have to be relocation of some utilities with letters
following from the Water and Sewer Departments when completed. He
said that there are no setback variances requested and that there
is adequate parking, one and one-half spaces per unit, for the two-
story apartments.
Commissioner Walker moved, seconded by Commissioner Perry that the
Preliminary Site Plan of Timberwood Subdivision Apartment Complex
on South Hospital Drive be APPROVED as presented. MOTION CARRIED.
Chairman Gray announced that there will be two public hearings, one
on 13 July 1998 at the Regular Planning Commission Meeting
regarding a conditional use for R-3 in a C-2 zone, the additional
1 1/2 acres of the Timberwood Complex and the other a Board of
Adjustment hearing with regard to building requirements for the R-3
in a C-2 zone.
GENERAL: AICUZ Study
Chairman Gray introduced Mr.
representing the LRAFB.
Lucian Gilliam, an engineer
Mr. Gilliam displayed a topographic map of a portion of Pulaski &
Faulkner Counties pointing out various locations on the map. He
made reference to Federal Aviation Regulations 77, Sub Part Cas he
related information regarding height limitations. After pointing
out some locations, the Jacksonville Towers and the KEZQ radio
tower, he stated that there are no obstructions anywhere in the
area that are in violation of said regulations as far LRAFB is
concerned.
He pointed out that cell towers are being constructed noting eight
licensed companies in the Little Rook area. He added that he did
not see a problem with a one hundred fifty foot tower even on the
highest ridge in the area.
Chairman Gray recessed the meeting at approximately 8:15p.m.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 1998
7:00 P.M. -8:55 P.M.
He reconvened the meeting at approximately 8:25 p.m.
Chairman Gray read a letter, on file in the office of the City
Clerk, from Brig. General Holbein of the U.S. Air Force.
Other discussion included the "grandfather clause" with regard to
existing structures in AICUZ zones I & II with the comments that
there are no plans for buying out single family homes in the area.
Concerns regarding a written ordinance were addressed by Chairman
Gray who expressed that a single family dwelling on one acre will
not be prohibited adding that county regulations in place at this
time will still have to followed.
Police Protection and activity with reference to the LRAFB was
discussed as well as requiring building permits from the City of
Jacksonville and sound insulation requirements.
Chairman Gray encouraged the Commissioners to try to create in
writing those things that should make up a proposed ordinance
adding that he felt another public meeting should be held for input
from owners in zones I & II.
ANNOUNCEMENTS:
A meeting was set for 22 June 1998 at 7:00 p.m. with a mail-out to
property owners in said zones.
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 8:55 p.m.
Respectfully,
. L'iA v~. ():~ ._,o,{ ):lrlti-<tl~#~
Lula M. (Leonard) Hawkins
Planning Commission Secretary
CITY CLERK-TREASURER
5
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J
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. GENERAL:
ADJOURNMENT
7:00P.M.
JUNE 22, 1998
DISCUSSION: AICUZ Study
APZ Zone I & II Five Mile
Planning Jurisdiction considerations
7
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JUNE 22, 1998
7:00 P.M. -8:50 P.M.
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 aeeu8 uf Lhe 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.
I •
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.
.J.
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 11 taking11 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 11 takings 11 • 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 different
2
7
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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
a five-mile planning jurisdiction, by State Statute, for many
3
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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
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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 SO'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, r 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 io not pleaoed 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
own individually without a strong man to stand behind.
5
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
(i.e. steam, dust, or smoke);
6
/.3
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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 stated
that he lived in APZ I and has plans to build a reservoir to water
7
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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.
Chair.man 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
Recreation No Yes 2 Yes 2
Public Assembly No No No
8
Generalized Land Use
Agriculture and Mining
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JUNE 22, 1998
7:00 P.M. -8:50 P.M.
Clear Zone APZ I APZ 2
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:
Chair.man Gray adjourned the meeting at approximately 8:50 p.m.
Respectfully,
,?c:e4_~ ~/. ~~-ui_-J ./.;;l_({_IJ_,~(A__/
Lula M. (Leonard) Hawk ins
Planning Commission Secretary
CITY CLERK-TREASURER
9
J
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. INFORMATIONAL ITEM:
8. GENERAL:
ADJOURNMENT
7:00P.M.
JULY 13, 1998
a.
b.
Regular Planning Commission
Meeting June 8, 1998
Special Planning Commission
Meeting June 22, 1998
CONDITIONAL USE: R-3 in a C-2
zone for 1.5 acres/Timberwood
Apartments PH II on South
Hospital Drive
(petitioner: Arkansas Multi-Family
Housing, LLC)
CONDITIONAL USE: C-2 permitted
use in a C-1 zone/restaurant at
1114 North First
(petitioner: Craig A. Woods)
Timberwood Apartment Complex
on South Hospital Drive
(petitioner: Arkansas Multi-Family --
Housing, LLC)
PRELIMINARY PLAT: Timberwood
Subdivision Apartment Complex
on South Hospital Drive
(petitioner: Arkansas Multi-Family
Housing, LLC)
(represented by Bond Engineering)
PROPOSED ORDINANCE:
AICUZ Study APZ Zone I & II Five Mile
Planning Jurisdiction considerations
17''
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance and requested roll call.
ROLL CALL:
Commissioners: Bill Corroum, Dana Nixon, Bob Walker, Lester
Piggee, Mark Perry, and John Hardwick, answered ROLL CALL.
Chair.man Gray answered ROLL CALL and declared a quorum. PRESENT
FIVE (5), 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, Aldermen Kenny Elliott and
Terry Sansing, Petitioners, and Editor John Parham of the
Jacksonville Patriot.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Piggee moved, seconded by Commissioner Hardwick that
the minutes of the 8 June 1998 Regular Planning Commission Meeting
meeting and the 22 June 1998 Special Planning Commission Meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARINGS: 7:00 P.M.
a. Conditional Use: R-3 in a C-2 zone for 1.5 acres/Timberwood
Apartments PH II on South Hospital Drive
Chairman Gray declined to direct the public hearing to address the
item of business.
Vice Chair.man Perry opened the public hearing at approximately 7:08
p.m.
Mr. Gray represented the item of business. He related that the 1.5
acre tract is adjacent to a 3.1 acre tract on Hospital Drive across
from the Jacksonville Towers. He noted that the Board of
Adjustment, in lute June grunted u dimenoional requirement variance
for R-3 (multi-family) construction on the lot.
Vice Chairman Perry pointed out that Tract B is indicated on the
Plat as Phase II.
There were no negative comments from those in attendance.
He closed the public hearing at 7:11p.m.
City Engineer Duane Reel stated that as far as a conditional use is
concerned, the Board of Adjustment granted waivers on dimensional
1
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
requirements and that they can be met by the developer. He added
that this approval will help the development scheme to continue.
Commissioner Hardwick moved, seconded by Commissioner Nixon that
the conditional use for R-3 in a C-2 zone be GRANTED for the 1.5
acre tract, located on South Hospital Drive for Timberwood
Apartments, Phase II, as provided by the plat submitted to the
Planning Commission. MOTION CARRIED. (Commissioner Walker and
Commissioner Bart Gray abstained from the voting process with Vice
Chairman Perry voting AYE.)
Commissioner Gray addressed the Planning Commission as Chairman at
this time.
b. CONDITIONAL USE: C-2 permitted use in a C-1 zone/restaurant at
1114 North First St.
He opened the public hearing at approximately 7:14 p.m.
Mr. Craig A. Woods, who resides in North Little Rock, voiced that
his barber shop business is located at 1118 North First Street in
Jacksonville, Arkansas called "The Flight Line". He said that the
building adjacent to said business is addressed as 1114 North First
Street and previously housed the barber shop at 1118. He said that
his goal is to create a snack bar for waiting customers. He said
there would be no inside dining adding that a barbecue grill will
be located outside. He gave the approximate square footage of the
building as four or five hundred square feet inside. He -related
that removal of a wall to create space for a refrigerator and a
microwave is planned and that paper plates etc. will be used
instead of dishes. Health Department approval has been given
according to Mr. Woods.
There were no negative comments from those in attendance.
Chairman Gray closed the public hearing at approximately 7:17p.m.
It was determined in conversation between the Commission and Mr.
Woods that there would not be drive-thru service with regard to
take-out service, but that picnic tables will be outside to serve
overflow patronage with regard to the barber shop from 9:00p.m. to
6:00p.m. Mr. Woods related that there is an open field behind the
shop and that no traffic is planned for the area. He said there is
ample parking.
Commissioner Nixon moved, seconded by Commissioner Piggee that the
C-2 use in a C-1 zone be permitted with the following conditions;
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
that no additional curb cuts of Highway 161 and with operation from
9:00 a.m. to 6:00 p.m. MOTION CARRIED.
a. PRELIMINARY PLAT: Timberwood Subdivision Apartment Complex on
South Hospital Drive (Petitioners: Arkansas Multi-family Housing
LLC)
Tommy Bond of Bond Engineering Firm, representing the developer,
stated that a full set of plans have been submitted to the Water
Department and the Sewer Department for their review as well as
City Engineer Reel. He said that the request of the Sewer
Department will be complied with by the developer as well as the
Water Department and those of City Engineer Reel. He related that
the relocation of sewer and water lines, widening Hospital Drive
and building curb and gutter is encompassed in the development. He
said that a retention basin for storm water run-off is also
included as well as sidewalks. It was pointed out that the
sidewalk across from the Towers building to Mega Market will remain
as indicated on the plat.
Mr. David Howland of Architects Collective representing LLC
Investments introduced himself and commented that he is working for
the developer and Mr. Bond as the project progresses.
Commissioner Corroum questioned whether or not the Fire Department
has approved the project.
Mr. Bond related that the flow tests indicate 2,700 gallons per
minute for the two existing fire hydrants and that in the
relocation process the same size lines will be used as those in use
at this time.
Commissioner Nixon moved, seconded by Commissioner Perry that the
Preliminary Plat of Timberwood Subdivision Apartment Complex on
South Hospital Drive be APPROVED as submitted. MOTION CARRIED.
DEVIATION IN AGENDA:
BUILDING PERMITS: Timberwood Apartment Complex on South Hospital
Drive.
In response to a question posed by Chairman Gray regarding
dimensional requirements, City Engineer Reel related that his
office has not received a complete set of plans as yet showing the
actual layout of proposed construction. He pointed out that the
plot plan before the Commission shows the buildings within the
minimal R-3 zoning dimensional requirements. He stated that after
the building permit approval a complete set of plans will be
3
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
reviewed by himself and the Fire Marshall for suggestions to the
architect regarding adjustments if any.
He related that the complex contained 56 units, adding that code
requires 84 parking spaces.
In responce to a question posed by Commissioner Piggee, David
Howland of Architects Collective related that he did not foresee
any problem meeting any additional requirements (if any) from the
City Engineer.
Chairman Gray stated that without a survey site of the buildings
the overall concern for the Planning Commission is the setbacks and
locations adding that the City Engineer and Inspection Department
to further peruse coordinate plans when submitted.
It was noted that the building will have sprinkler systems.
Mr. Howland related that there is room for additional parking if
required, after concerns for parking were mentioned by Commissioner
Hardwick. He then related that the complex will consist of a
combination of one, two and three bedroom units. -
Cormnissioner Piggee moved, seconded by Cormnissioner Walker to
approve the building permit request from Arkansas Multi-Family
Housing, LLC. for the proposed apartment complex on South Hospital
to be completed with further review from City Engineer Reel.
MOTION CARRIED.
GENERAL: PROPOSED ORDINANCE regarding AICUZ Study APZ Zone I & II
Five Mile Planning Jurisdiction consideration
Chairman Gray related that there will be a workshop to be confirmed
by Metroplan for the 25th or 27th of August regarding land use and
zoning, asking the Planning Commissioners to make plans to attend.
City Attorney Robert Bamburg presented a draft ordinance for the
consideration of the Planning Commission regarding creation of an
overlay district for areas affected by the AICUZ study. He related
that the ordinance will create a new section for the Jacksonville
Municipal Code Book chapter 18.66. et. al. He briefly reviewed
applicability, purpose and creation of an overlay district,
population and development density, building and construction
provisions, restrictive and prohibitive uses, enforcement, and
penalties as addressed in the draft ordinance.
include the wording of the 11 Jacksonville Planning Jurisdiction11
specifically naming the Clear Zone, APZ I and APZ II.
4
7/
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
Chairman Gray asked that the section for applicability
He said that the area includes the five-mile limits as negotiated
the common boundaries negotiated between Cabot, Sherwood and all of
Jacksonville, even south as it works through the common boundaries
of North Little Rock.
He pointed out that a metes
prepared at this time by Mr.
Reel are not complete as yet.
in the ordinance by reference.
and bounds legal description being
Tommy Bond and City Engineer Duane
He stated that it would be included
He said there are restrictions already in place with regard to
permitted and conditional uses in the Clear Zone, APZ I and APZ II.
City Attorney Bamburg suggested that a similar chart like the one
in the AICUZ Study, be added under 18. 66. 050 in the ordinance.
Chairman Gray suggested that churches be included in the
conditional uses listed in the ordinance adding that each
conditional use would be given consideration on a case by case
basis.
Discussion next ensued with reference to 18.66.030, Population and
Development Density especially the wording of 11 no more than one
house per acre11 • The final consensus of the Commission was that
the restriction of 11 no more than an average of one house per acre11
refers only to the Clear Zone, APZ I and APZ II unless otherwise
restricted.
Commissioner Hardwick questioned the insulation factor with
reference to 18.66.040.-Building and Construction Provisions.
There was discussion and the consensus of the Planning Commission
was that information be used to formulate a definite R factor
number, understood in the building profession, rather than the WYLE
Research Study. Storm or insulated windows, the R factor in stick
built and manufactured housing and whether or not the SBC addressed
sound insulation were all mentioned in the discussion. It was
suggested thQt Engineer Gilliam from the LRAFB might be a good
resource of help to the Commission in arriving at a solution to the
wording.
Commissioner Walker related that he found the Wyle Report to be
pretty much the norm and standard for the building industry today.
It was determined that the current addition of the Southern
Building Code is adhered to by the City of Jacksonville.
City Attorney Bamburg pointed out that 18.66. 060 provides for
enforcement through the Jacksonville Code Enforcement Office under
the Code and State Law regarding sound insulation. He said it does
5
j
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
not tell them that building inspections, plumbing and electrical
inspections, the whole process as done inside the City limits is to
be carried out in said zones under discussion, but that sound
insulation and window insulation as in the WYLE Report do apply.
Commissioner Nixon requested that the specific year date of the
AICUZ Study, under Section 18.66.010, be included in the second
paragraph of the ordinance. She asked that the last line under
that section be changed to read 11 however no condition and/or use
shall be construed as a violation of the terms of this Ordinance
for as long as said condition and/or use remains in existence. She
said that the last three words, 11 remains in existence11 should be
clarified in that she felt it could spawn litigation. City
Attorney Bamburg said that he would research some language with
regard to insurance policies for clarification of the phrase.
Commissioner Nixon questioned Section 18.66. 050 regarding
restrictive and prohibitive uses and asked if a definition could be
obtained from the Air Force with regard to 11 hazardous
interference 11 •
Next Commissioner Nixon suggested that in 18.66.060 there may need
to be the inclusion of 11 the provisions of 18.66. 040 shall be
enforced11 •
Chairman Gray explained that an Ordinance will compiled from the
different suggestions and that a public hearing will be scheduled
before finalization of the same.
Mr. Tommy Bond explained the manner in which markings identify the
theoretical line, physically, on the different roads in the
affected zones.
Chairman Gray related that a metes and bounds legal description of
the restrictive area is being formulated by Mr. Bond and the City
Engineer.
Mr. Bond said that it may be that property owners may have to have
a fairly detailed legal description in order to accomplish the
location of the theoretical line relating to their particular
parcel of land. He said that a number of tract corners will have
to be located adding that he feels the findings will probably be
recorded at the Pulaski County Court House and wind up on the title
of properties in the area.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
Mr. Lyndon Whitledge questioned the criteria that will be used by
the City in the event a group of people want to meet and have a
church service.
Chairman Gray explained how a conditional use will be handled
according to the Jacksonville Municipal Code.
After discussing the overlay and planning area, Mr. Whitledge
suggested that 14-56-301 et. al., having to do with zoning, should
be dropped from the Ordinance.
Mr. Colclasure offered comments that the bird issue is irrelevant
unless the LRAFB Lake is filled in, and suggested that it be
stricken from the ordinance.
He expressed that if today's ethics were applied in the House of
Representatives, the law mandating the City of Jacksonville would
not have allowed its presentation in the manner in which it was
done.
He said that he felt code enforcement is not within the
jurisdiction of the City of Jacksonville when no City services are
provided the property owners. He related that County Planning
Commission has jurisdiction that precedes that of the City of
Jacksonville.
He related that he was concerned that changes giving consideration
to the people in the five mile area have not been included in the
ordinance noting code enforcement, referencing building codes, the
bird issue, and farming.
He questioned whether or not a structure in the area may or may not
be rebuilt in the event it is totally or partially destroyed by
fire.
The consensus of the Commission was that rehnilrling wonlrl not be
restricted in Zone I or II.
Chairman Gray voiced that the question would be referenced in the
ngrandfather clause 11 area of the ordinance.
Commissioner Nixon related that it would only be restrictive with
regard to residential development if there is more than one
structure per acre.
It was noted by Chairman Gray that there is a subdivision in the
west end, off Hatcher Road, and that it should be specifically
7
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
addressed in the ordinance in that the lots probably have one
residence per half acre.
Mr. Colclasure asked that the City "buy him out" at market value
unless services are provided as he indicated that the City of
Jacksonville would have control of his property.
Chairman Gray related that the City of Jacksonville is not in a
position to buy property nor restrict the rebuilding of residences
or barns in the event they are partially or completely burned. He
added that he did not feel that anything being done in passage of
the ordinance is having an impact on the ability of property owners
to sell or not to sell their property.
He explained that the bird issue is according to State law with the
addition of the wording of "hazardous condition", relating that
code enforcement comes out of the same law.
Mr. Colclasure questioned if code enforcement is required by the
state law on properties within the specific zones addressed in the
ordinance.
Chairman Gray said that use of current code enforcement, not
additional, is set forth in the State law. He said that sound
insulation and practical use of whatever is going on in the areas
would be given consideration in code enforcement.
Mr. Colclasure suggested that the Code Enforcement Officers not be
allowed outside the boundaries of the City of Jacksonville unless
they are accompanied by a County Sheriff or State Police so they
can have their safety insured.
Mr. Whitledge questioned whether or not the
house" on the LRAFB would fall under the
ordinance.
times of an "open
guidelines of the
Mr. Bowman pointed out wording at the bottom of page one of the
proposed ordinance regarding "Accident Potential Zones" as related
to insurance. He added that he resents comments by Chairman Gray
that property values are not affected by the ordinance. He
requested that information from an insurance representative be
provided with regard to the APZ in the ordinance.
Commissioner Hardwick and Commissioner Corroum said that the zones
exist at present regardless of the proposed ordinance and consensus
of the Commission was that wording with regard to zones as "APZ"
remain with no change.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
Wording at the end of Section 18.66. 010 -APPLICABILITY -was
suggested by Commissioner Corroum as follows; this would include
the rebuilding of a damaged or destroyed structure so long as its
original scope is not increased.
Commissioner Nixon related that wording from insurance companies
may need to be given consideration regarding formation of the
ordinance in that area.
One property owner questioned whether or not that a portion of the
old Hercules Plant is being turned into a wildlife refuge and if
that would allow more birds which might hinder aircraft operations.
She said that blackbirds migrate through her property in the fall.
She questioned if the ordinance would cease to exist in the event
that the LRAFB is closed.
Commissioner Hardwick voiced that the heading of the ordinance
indicates an "Active Duty" operation noting that regular and
customary flights are indicated.
Commissioner Corroum pointed out that wording may need to be
changed to "Active Aerodrome" in that it could become a reserve
base with even more activity than the present.
Chairman Gray related that he felt the birds would fall under
migratory and would not be affected by the wording in the
ordinance.
Mr. Pete Sisson voiced that one bird is too many. He said that he
did not feel anything is being accomplished by the Commission. He
related that there is no representation for people who live in the
zones being restricted by the ordinance.
He said that he felt that wording should be simplified with regard
to R factors and the Southern Building Code so that everybody would
know what is being talked about. He wanted to make things equal
for everybody with regard to burning adding that he does not want
the grandfather clause made applicable in the ordinance. He
requested that the Air Force specifically give in laymen's terms
what they want, adding that he could go with that.
He said that he would remove any Code Enforcement Officer sent to
his property adding that the City of Jacksonville is giving no
other alternative, that he has no representation, and that he will
seek legal direction in any event.
9
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 1998
7:00 P.M. -9:15 P.M.
Chairman Gray requested that the City Attorney gather information
and that the proposed ordinance be presented at a meeting on July
20, 1998 for review before a public hearing is scheduled.
Commissioner Hardwick noted an article in the paper with regard to
an overlay district in Northwest Arkansas stating that it is being
upheld, "not as a taking".
The public hearing was suggested for August 10, 1998.
It was pointed out by Chairman Gray that there will be mail-outs to
approximately 147 property owners regarding the hearing.
ANNOUNCEMENTS :
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 9:15 p.m.
Respectfully,
v; ~ "'--'-Itt_ . .
Lu a M. (Leona'rd) Hawkins
Planning Commission Secretary
CITY CLERK-TREASURER
10
SPECIAL MEETING
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. GENERAL:
ADJOURNMENT
7:00P.M.
JULY 20, 1998
PROPOSED ORDINANCE: AICUZ Study
APZ Zone I & II Five Mile
Planning Jurisdiction considerations
(
i
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
JULY 20, 1998
7:00 P.M. -8:10 P.M.
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 Jolm 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:
11 Remains in existence if the principal purpose and use of said
property is not altered by the modifications or reconstruction of
said structure.11
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
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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.
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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
ordinance with the response of,
military aerodrome.
first paragraph of the draft
as long as there is an active
There was a short discussion regarding concerns that did not apply
to the wording in the ordinance.
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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:
Cbair.man Gray adjourned the meeting at approximately 8:10 p.m.
I~: · ~ 1 0-~~U ) ~&4~11 ; 4)
Lui~ M. (Leonard) Hawk1ns
Planning Commission Secretary
CITY CLERK-TREASURER
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JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
7:00P.M.
AUGUST 10, 1998
Regular Planning Commission
Meeting July 13, 1998
Special Planning Commission
Meeting July 20, 1998
106 Blakely Road
petitioner(s): Bobby Chinn/
John Robinson
SKETCH PLAT: Jordon Acres
Subdivision Gen. Loc. South
Hwy 161 & Trickey Lane
petitioner(s): Jim Peacock/
Ted Camp
REPLAT: Lot 5 & 6 Blk. 10
Town of Jacksonville
Petitioner(s): Habitat for
Humanity
PROPOSED ORDINANCE:
AICUZ Study APZ Zone I & II Five Mile
Planning Jurisdiction considerations
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
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, Lester Piggee,
and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL
CALL and declared a quorum. PRESENT FIVE (6), ABSENT (2). (ONE
opening on the Planning Commission)
Others present for the meeting were Mayor Tommy Swaim, City
Attorney Robert Bamburg, City Clerk Lula M. Hawkins, City Engineer
Duane Reel and Marci Wilson of the Engineering Department,
Aldermen: Kenny Elliott, Larry Wilson, Phil Keaton, Reedie Ray,
Gary Fletcher, Marshall Smith, Attorney Mike Wilson, Mr. Thad
Gray, Mr. Lucian Gilliam, LRAFB Engineer, Mr. Richard MaGee of
Metroplan, Mr. Dennis Sobba, Visitors and property owners in the
five-mile planning area of the City of Jacksonville, Petitioners,
and Editor John Parham of the Jacksonville Patriot.
DEVIATION IN AGENDA: 7: 0 0 PUBLIC HEARING PROPOSED ORDINANCE
RELATING TO THE AICUZ OVERLAY DISTRICT in the Jacksonville Planning
Area
Chairman Gray welcomed those in attendance pointing out that there
have been previous meetings regarding the creation of the proposed
ordinance. He read from State Law, Act 530 of 1995, to clarify the
authority of first class cities which have an USAF active duty
military installation lying wholly and partially within the city
limits with regard to its five-mile planning jurisdiction and for
other purposes. He related that the Planning Commission has gone
through a series of meetings over the last year in efforts to
formulate an ordinance in keeping with the requirements of the law.
He said that the Jacksonville Planning Commission and the County
Planning Body have met and reviewed the act and determined that the
Jacksonville City Council should go forward to enforce the act.
He said that the second part of the process has been to get
involved with Metroplan, the City of Sherwood and the City of Cabot
as related to planning boundaries, etc.
He related that the first public hearing was in April of 1998 and
that since that time there has been a series of eight meetings all
of which have been geared to receiving input from the public.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
He pointed out that there has been a revision to a draft ordinance
presented in the month of July.
He introduced Mr. Richard MaGee from Metroplan who made note of a
map displayed on a wall in the Council Chamber showing planning
boundaries relating to the Cities of Jacksonville, Sherwood, and
Cabot. He pointed out that the five-mile planning area boundary is
allowed under Act 186 of 1957. He mentioned negotiated agreements
between the three cities because Act 530 of 1995 includes some of
that area that is closer than five miles. He explained that there
is an annexation issue in which the City of Sherwood is involved
which may modify the western boundary.
Chairman Gray pointed out that some of the material used
process has been the AICUZ Study as he introduced Mr.
Gilliam Deputy Base Civil Engineer at LRAFB.
in the
Lucian
Mr. Gilliam pointed out two AICUZ studies, one in 1977 and another
in 1992 and related that the a change in planes being used by the
Air National Guard negated the second study. He said that every
year it is required to see if any significant change has taken
place which would necessitate doing another AICUZ Study. He added
that there has not been pointing out that at present there is 86
aircraft at the base.
He related that the AICUZ Study is based on two things, .noise
levels and accident potential zones. He noted that the Clear zone,
as stated in a citizens brochure with regard to the AICUZ Study, is
the most hazardous. He said that the LRAFB owns the clear zone,
which is 3,000 feet long and 3,000 feet wide, on both ends of the
runway. APZ I, he read, possesses significant potential for
accidents and APZ II, beyond APZ I, has reduced potential for
accidents. He stated further that the brochure points out that
land use planning and controls are strongly encouraged for the
protection of the public and the investment of the Department of
Defense of the airfield and the base. He said that apartment
dwelling in said area might be looked at adversely by the Air
Force. He said that thinly populated areas is desired.
He brought out that height regulations criteria as contained in FAA
regulations Part 77, sub-part c, adding that it is part of state
law and will be part of the proposed ordinance. He said that
height limitations are very reasonable as he mentioned a cell tower
located at Jack's Bayou which is estimated to be 140 feet. He
related that there is 270 feet of leeway between the top of that
tower and FAR Part 77. He said that there are no known violations
with regard to height in said areas.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
Chairman Gray said that expressed concerns have been with regard to
homeowners trying to locate their parcels of land. He introduced
City Engineer Duane Reel to address the item of business.
He related that Bond Consulting Engineers has been hired in efforts
to make landowners aware of the areas affected in the planning
area. He pointed out markings which have been done on pavements on
different roads, when possible, to show the location of APZ zones
I and II.
He said that a metes and bounds legal description, bearings and
distances, will be included with the proposed ordinance at its
passage.
Chairman Gray stated that the process has been very educational and
introduced City Attorney Robert Bamburg who read the revised draft
ordinance.
Chairman Gray pointed out, after a question from the audience
regarding residences in the clear zone, that there is only one at
the most.
After the reading, Chairman Gray opened the public hearing at
approximately 7:40 p.m. requesting a four-minute time limit for
each speaker. He asked that only those persons owning property or
living within the boundary be the first to speak.
Mr. Bob Johnson, 1902 Madden Road, voiced that he felt the purpose
of the ordinance is to protect the lives of military personnel but
citizens as well. He said that the draft ordinance does not appear
to change land use at present, and noting the reduction of people
in the Air Force is far greater than the number of bases that have
been closed. He added that the LRAFB needs to be protected as well
as citizens living close to it.
Mr. Tom Cory, P.O. Box 425, a property owner in Jacksonville,
President of the Jacksonville Chamber Foundation, a non-profit
organization that has a contract with the City of Jacksonville to
manage and create jobs on land that is owned by the City. He said
that the organization tries to assist local industry in their
economic development and to work with them in solving problems
affecting their operations.
He said that is a definitive direction on industry recruitment
mentioning smoke stack industry as an undesirable as well as
electronic equipment affecting navigation systems be compatible
with local industries.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
He related that the LRAFB is the largest industry in job creation
and economic impact, the City is vitally interested in their needs.
He said that the Chamber Foundation is in definite support of the
ordinance.
Mr. Bruce Richards, Jansen Rd., residence in Approach Zone II,
asked about maintaining a stock pond.
Chairman Gray said that the wording in the ordinance does not
preclude anyone from putting in a stock pond.
Mr. Richards, requested an example of what 75 db would be.
Chairman Gray pointed out that there is no 75 db levels currently
outside the air base and/or clear zone.
Mr. Richards questioned whether or not the LRAFB would be penalized
with regard to going outside altitude regulations.
Commissioner Corroum responded by saying that noise complaints can
be lodged with the LRAFB through normal channels and appropriate
action can be taken.
Mr. Mike Wilson, Military Road, commented that he sponsored the
Act that requires an ordinance to be adopted by the City Council
through concern regarding base closures. He related that 134 other
people, beside himself, stood for the ACT as well as the governor
who signed it.
He related that he felt the ordinance is consistent with the Act
and that no present land use is affected. He pointed out that
future use that would inhibit safety or endanger air crews and
members of the public is set forth in the Act 530 and the ordinance
adding that the reasonable uses will not injure any property owner
in any way.
He suggested that interest in the future of the Air Base and the
protection of property owners result in a reasonable and sensible
alternative as the draft ordinance.
Mr. Don Bowman, owner of six pieces of property, one in zone I, one
in the five mile and the remainder not affected, stated that he
feels Mr. Wilson has personal interests. He suggested that noise
levels are more than 75 db's. He pointed out a recent annexation
by the City was contrived and that not one person lives on the
acreage and questioned that if could be for City Use.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
He related that if the ordinance hinders his intentions for use of
his land, he felt there is recourse against the City of
Jacksonville.
He said that he felt that there are a lot of unknowns with regard
to an overlay district, 11 takings 11 , etc.
He said that he has offered to swap and sell his land adding that
he felt there is a direct financial loss to property owners when
future use of land is determined in such a manner.
Mr. Lyndon Whitledge, 103 Revere Court, voiced that his main
concern has been that no churches would be allowed noting that
there is Supreme Court action, N.L.R. versus Raines, dated 1967, in
which the State of Arkansas lost that says that a state cannot
grant greater powers to Municipal Corporations than it possesses.
He related that he has listed five federal constitutional things
that the draft ordinance violates and eight constitutional
questions and five other questionable ones.
He added that he has a problem with low intensity and low density
phrasing. He noted that the Constitution provides that people have
a right to peaceful assembly with no numbers of regulation.
He said that this is the largest land grab of its kind that has
occurred in the history of the State of Arkansas.
He suggested that the City should end at the City limits.
He read from Federal Law 3282 dealing with manufactured homes.
Mr. Thad Gray, resident of Jacksonville and President of LRAFB
Community Council, related that in 1952 the area had an opportunity
for Central Arkansas and the whole State of Arkansas to come
together in a cooperative manner and seek out and locate a military
installation. He pointed out that many people came together and
raised 1.2 million dollars to purchase over 6,000 acres west of
Jacksonville in Northwest Pulaski County. He said that in 1955 the
LRAFB became a reality which is vital to Central Arkansas and the
nation adding that many have come and gone, that currently there
are 6,000 men and women who serve our country, and that over 12,000
retirees live in the community and over the State.
He related that in 1997 the area was impacted over three hundred
million dollars with approximately 25% in the Jacksonville area and
that the base has an economic impact on area property owners.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
He went on to say that if the base ceases to exist, the effect on
local and surrounding property owners will be devastating.
He said that in April when the AICUZ Study became public, there was
a lot of fear in the unknowns commending those who have been
involved in the process in helping to alleviate those fears. He
said that records of prior use violation in the areas is not
evident at this time. He recommended that everything possible be
done to promote and retain such an industry as the LRAFB
which is so vital to the area and our country.
He noted that at one time nuclear warheads were tolerated but that
they no longer exist and urged passage of the ordinance adding that
there are no fears in it.
He pointed out that he, as a citizen of the area, is representative
of over 100 property owners, over 600 housing units, a large
acreage tract within a quarter mile of the tall tower mentioned by
Mr. Gilliam and that he has no fears of any adverse action in
passage of the ordinance. He pointed out that rural properties are
also subject to Arkansas Health Statutes as far as sanitation
adding that in the areas of low density the ordinance states one
household per acre which would be applicable unless there is a
public service sewer connection. He said that, in his opinion, he
did not see a negative impact in that area of the ordinance . .. He related that he felt the work of the Commission over the past
four months, with input from property owners, has formulated an
ordinance which he recommended, on behalf of the LRAFB Community
Council, adoption of as presented.
Mrs. Susan Leatherwood, a citizen of the County, in another flight
path. She related that the fear is the taking away of the use of
the land adding that just as cities have the right to plan for
their future in extending their planning boundaries, people have
the right to plan for their future in buying properties for future
use. She added that when land use is taken it should be paid for.
She said that taking without paying is stealing. She admonished
the Planning Commission not to threaten folks with the closure of
a base that already has a 40% reduction in personnel.
She said that putting one citizen in jeopardy of losing rights for
the sake of anybody else you've said that the citizen is not equal
adding that it is not fair.
She said that if it is needed by the City, then it should be paid
for by the City and if not, the ordinance should not be passed.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
Mr. David Lee, Chair.man of the Property Owners Association in the
Runion Community, stated that he feels most people want the air
base to remain noting that it has helped the economy for many
years. He said that the Commission has done a good job but that he
did not feel it is complete yet. He said there are several places
too far from the AICUZ Study with regard to 3,000 feet on either
side of the runways and 15,000 feet on either end of the runways,
roughly 2. 3 miles. He noted that where the jurisdiction lies
should be figured out, that we work under federal mandates and not
city or state mandates.
He commented on JMC 18.66.030 relating to the one household per
acre. He added that he feels in the Clear Zone and APZ I the
ordinance is on target, in APZ II needs to be dropped to a quarter
or half-mile or go to a ten mile fly zone. He said the AICUZ Study
may need to be reworked.
He read from the ordinance, g. as long as a use of real property
does not provide a hazardous interference with the operation of
aircraft within the OD that you shall not constitute a violation of
the terms of this ordinance. He said that specifics are very
general.
He admonished the Commission to work on the ordinance in that
whatever is done, the property owners will have to live with as
well adding that they are the ones most affected.
Chair.man Gray read a letter of support, submitted by the Executive
Director of the Chamber of Commerce, Mickey Anders, who was unable
to attend the meeting.
A question was posed regarding the long term viability of the Base
which was no one present at the meeting answered.
Mr. Larry Wilson, #3 Nixon Drive, said that he would like for the
City to look into the possibility of utilizing deed records to
designate property that needs to have its homes insulated to proper
decibel levels so that anyone buying property in those areas is
aware of that and get the City out of enforcement outside the City.
He said that the property owners live outside the City for a
reason, they do not want to live with the rules and regulations,
etc. and that enforcement of such laws don't need to be done by the
City of Jacksonville in his opinion as far as the decibel level is
concerned. He said that it will be difficult to enforce and that
what the City of Jacksonville needs to do is to make people who
live in those zones aware that there is air traffic in the zones
through deed records.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
A question arose from someone in the audience regarding provisions
regarding a time for the ordinance to no longer be valid which was
not answered.
Mr. Don Fleming questioned what is being done with air force
pilots and planes that cannot fly through smoke and over house
lights?
Chairman Gray closed the public hearing at approximately 8:35 p.m.
He asked for discussion from the Commission on terms and provisions
of the ordinance.
Commissioner Walker noted that the ordinance has been considered by
the Planning Commission for a considerable amount of time with much
effort to refine it, coming to the conclusion that everyone's
interest has been given consideration and that the document before
the Commission is ready for action by the City Council.
Commissioner Walker moved, seconded by Commissioner Corroum that
the draft ordinance before the Planning Commission be presented to
the City Council for their consideration or approval.
Commissioner Hardwick commented that he was not sure 18.66.040 is
needed. He suggested that the enforcement be deleted from the
ordinance.
Commissioner Hardwick moved, seconded by Commissioner Reid, to
amend the draft ordinance by deleting 18.66.040.
Attorney Bamburg said that a vote for the amendment takes said
section out of the ordinance adding that in Act 530 of 1995 under
which formulating an ordinance by the City of Jacksonville was
proposed, the set forth the provision.
Commissioner Corroum pointed out that there is a legitimate need to
insulate structures within those zones which is proven by the fact
that several years ago the Air Base did millions of dollars worth
of work to upgrade the family housing areas to said standards. He
encouraged staying with the State Law, adding that if the Council
wants to change the wording in the ordinance they have that option.
Roll Call: Commissioners Corroum, Walker and Piggee voted NAY.
Commissioners Reid and Hardwick voted AYE. THE MOTION TO AMEND THE
ORDINANCE FAILED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
ROLL CALL ON THE ORIGINAL MOTION WAS TAKEN AT THIS TIME:
Commissioners Corroum, Reid, Walker, Piggee and Hardwick voted AYE.
MOTION CARRIED.
Chairman Gray stated that there will be a metes and bounds legal
description that will be referred by map for this ordinance having
to do with the Clear Zone, APZ I and II.
AT THIS TIME CHAIRMAN GRAY ADJOURNED THE MEETING FOR A 5-MINUTE
BREAK.
THE MEETING WAS RECONVENED AT APPROXIMATELY 8:53 P.M.
Chairman Gray related to the Commission and those persons who were
diligent in attending and presenting pertinent information, as well
as those who recorded the meetings and represented the City of
Jacksonville, his appreciation for their efforts in arriving at
this point.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Reid that the
minutes of the Regular Planning Commission Meeting of July 13, 1998
and the Special Planning Commission Meeting of July 20, 1998 be
APPROVED as presented. MOTION CARRIED.
BUILDING PERMITS: 106 Blakely Road
City Engineer Reel related that the request is for an addition to
a residence in an unplatted area and that the request meets with
all setback requirements. It was noted the petitioner is present.
In response to a question posed by Commissioner Reid, City Engineer
Reel related that it is a matter of housekeeping noting the metes
and bounds status. He stated that all clearance requirements have
been met.
Commissioner Piggee moved, seconded by Commissioner Hardwick to
approve the building permit for 106 Blakely Road as requested.
MOTION CARRIED.
REQUEST TO APPROVE! PLAT: a. SKETCH PLAT: Jordon Acres Subdivision
Chairman Gray related that the general location of the subdivision
is south of Hwy 161 and Trickey Lane. He mentioned that the
petitioners are Jim Peacock and Ted Camp.
City Engineer Reel related that all items regarding the geometry of
the subdivision have been met and that access is off Trickey Lane.
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 10, 1998
7:00 P.M. -9:05 P.M.
In response to a question posed by Commissioner Hardwick, City
Engineer Reel related that the culdesac radius is 50 feet to the
edge. He stated that after consulting the Fire Department the
turning radius for the fire truck is 41 feet; taking 82 feet for a
complete turn and noting that the culdesac has a 100 foot diameter
circle.
Commissioner Hardwick moved, seconded by Co:mmissioner Reid to
approve the sketch plat of Jordon Acres Subdivision as presented.
MOTION CARRIED.
b. REPLAT: Lots 5 & 6 Block 10 Town of Jacksonville
City Engineer Reel related that the petitioner Habitat for Humanity
built a house on the adjacent replatted lots and would like to do
the same for lots 5 & 6 which would be replatted to lots 5R & 6R
Block 10 Town of Jacksonville. He stated that all utilities are
existing.
Commissioner Reid moved, seconded by Commissioner Piggee to approve
the rep1at of Lots 5 & 6 Block 10 Town of Jacksonville as
requested.
In regard to discussion involving the original setbacks, City
Engineer Reel related that setbacks and building lines are not
shown on parts of the original town plat.
MOTION CARRIED.
ANNOUNCEMENTS:
Chairman Gray related that a joint meeting of Planning
Commissioners and the City Council has been scheduled August 27th
in the Community Center at 6:30 p.m. with a two hour session on
land use and zoning by Richard MaGee. It was related that the
meeting is also open to the public.
ADJOURNMENT:
Chairman Gray adjourned the meeting at approximately 9:05 p.m.
Respectfully,
~t(Ji.~~J~ ~M. (Le o~Hawk{ns
Planning Commission Secretary
CITY CLERK-TREASURER
10
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL JOINT PLANNING COMMISSION
AND CITY COUNCIL MEETING
AUGUST 27, 1998
6:30 P.M. -8:30 P.M.
OPENING REMARKS:
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance. He did not request roll call. The following
Council Members and Planning Commissioners attended the Special
Meeting of the Jacksonville Planning Commission and the City
Council presented by METROPLAN representatives Richard Magee and
Susan Dollar.
ATTENDANCE:
Commissioners: Bart Gray, Bill Corroum, Dana Nixon, Bob
Mark Perry, Jol:m Hardwick, and City Council Members:
Elliott, Marshall Smith, Robert Lewis, Larry Wilson, Phil
and Bill Howard.
Walker,
Kenny
Keaton,
Others present for the meeting were City Attorney Robert Bamburg,
Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Art
Brannen, a past Planning Commissioner, Alderman Elect Avis Twitty,
Past Mayor James Reid, Editor John Parham of the Jacksonville
Patriot, Glen Keaton representing Bond Engineering, and interested
citizens.
DISCUSSION ITEM: LAND USE AND ZONING
Chairman Gray related that the purpose of the meeting is to glean
information regarding the Comprehensive Development Plan adopted by
the City of Jacksonville and Zoning as related thereto. He
introduced Mr. Richard Magee and Susan Dollar, representatives of
Metroplan, who led the open forum.
Mr. Magee said he felt the meeting was a workshop during which
information would be shared with regard to the Comprehensive
Development Plan, the Land Use Map, and zoning as it relates to the
City of Jacksonville especially and the surrounding area in
general. He asked for participation and questions by those in
attendance.
He presented a map of the Central Arkansas area pointing out the
general location of Jacksonville and surrounding cities etc.
He pointed out he first became involved with the needs of the City
of Jacksonville through his work with Metroplan beginning in 1974.
He voiced that the old Comprehensive Development Plan was replaced
in 1977 by the one presently used adding that it took many meetings
to arrive at the document . He displayed the Land Use Map adopted
by the City of Jacksonville which states policy under which the
City will allow development within its limits. He emphasized that
1
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL JOINT PLANNING COMMISSION
AND CITY COUNCIL MEETING
AUGUST 27, 1998
6:30 P.M. -8:30 P.M.
the basis for such planning is Arkansas State Law Act 186 of 1957.
He said that the "Public Policy Statement" is the one under which
the authority of the City is derived. He said that the planning is
permissive but not mandated adding that if cities choose to adopt
a Comprehensive Development Plan there are guidelines set by State
Law which have to be followed, one being a Land Use Plan or map. He
said that there is a "Public Policy Statement" similar to that of
the Comprehensive Development Plan. He explained the layout of the
City of Jacksonville on the map on display.
He related that there were public hearings and a survey of the
entire community as the process was worked through noting that
future growth was taken into focus and how to achieve those plans
were all taken into consideration.
He pointed out that a some cities have a time frame of about twenty
years when planning for land use. He said that the land use map is
not set it stone and should be reviewed periodically relating that
infrastructure plays a major role in the development of the plan.
He suggested that the City may want to look at their Land Use Plan
with the possibility of changes in that it was adopted some twenty
years ago.
A general discussion arose regarding other cities and whether or
not they have land use and zoning combinations similar to that
adopted by the City of Jacksonville and in the State of Arkansas.
The City of Houston was mentioned and Mr. Magee related that it is
not without regulations, noting that Bills of Assurance are a tool
used there in planning and development.
He related that private and public interests are not always the
same when it comes to infrastructure costs.
Alderman Wilson pointed out that Loop Rd. was adequate before the
WalMart Store opened in the area of Loop, Vandenburg and T.P. White
Drive. He questioned whether or not some infrastructure costs
regarding development of the area should have been born by WalMart
as the impact on the community was discussed.
He agreed that WalMart should have paid part of the costs in
infrastructure adding that allowing development to occur without
first having infrastructure in place to handle it, is contrary to
goals desired to be achieved. He said that private and public
interests have to be balanced in accomplishing the desires of the
City set forth in the land use plan which cannot adequately be
2
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL JOINT PLANNING COMMISSION
AND CITY COUNCIL MEETING
AUGUST 27, 1998
6:30 P.M. -8:30 P.M.
balanced without adequate screening adding that there are always
positive and negative impacts to be evaluated.
He suggested that the Land Use Plan be updated as he noted the
different areas in the City which may need to be altered since the
date of its adoption. He related that documents which implement
the Land Use Plan, namely zoning, may also be altered to accomplish
the needs of development desired at this point in time.
There was a short discussion regarding powers of a Bill of
Assurance. Mr. Magee related that a city does not enforce the Bill
of Assurance, adding that the responsibility of enforcement lies
with owners of property designated therein. It was noted that a
Bill of Assurance is created by developers and not by cities, and
that the life of the Bill of Assurance varies from twenty-five
years to ninety-nine years. It was pointed out that in
Jacksonville a Bill of Assurance is reviewed by the Planning
Commission in the plat approval process.
A five minute break was taken at approximately 7:30 p.m.
Mr. Magee displayed a colored zoning map of
Jacksonville relating that zoning is the tool that
land use and that, for the most part, the City has
Land Use Plan.
the City of
implements the
adhered to the
He and Ms. Susan Dollar stressed that care in zoning should be
taken with regard to public trust, private rights, and public good.
He noted that there may be a need to revise definitions and broaden
zoning possibilities that will meet needs at this time.
Ms. Dollar made note of a rezoning on Cumberland Street in Little
Rock which took away from rather than added to the design of the
neighborhood. She pointed out that dual use in zones may be needed
in some areas suggesting that check lists be used in zoning
determinations.
Mr. Magee pointed out that in amending the land use map,
considerations will need to be given to zoning as well as
definitions. He pointed out that cities cannot preclude federal law
as housing, modular, manufactured, and mobile homes in particular,
were mentioned.
Chairman Gray pointed out that in efforts to revitalize downtown
Jacksonville, commercialization of a residential area and
residentializing of a commercial area was brought into focus which
3
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL JOINT PLANNING COMMISSION
AND CITY COUNCIL MEETING
AUGUST 27, 1998
6:30 P.M. -8:30 P.M.
does not fit the present land use plan. He reiterated that changes
in zoning must first be addressed in the land use plan suggesting
that changes are inevitable.
After a general discussion regarding several areas on the land use
plan and their purpose, changes may need to be made.
Chairman Gray pointed out that the zoning map is sight specific and
the land use plan gives a more generalized view of what could be
appropriate in a given area.
Mr. Magee offered the services of Metroplan to the Planning
Commission and the City Council.
Chairman Gray expressed appreciation to Mr. Magee and Ms. Dollar as
well as the members of the Planning Commission and the City Council
for their attendance.
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 8:30 p.m.
Respectfully,
11t ~~ ~/l_(t } IIi{-~ lc ~
(Leonar d) ·awkins
Planning Commission Secretary
CITY CLERK-TREASURER
Susan Davitt
DEPUTY CITY CLERK
4
JACKSONVILLE PLANNING COMMISSION
AGENDA
7:00P.M.
SEPTEMBER 14, 1998
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S): 7:00 p.m. a.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
b.
Regular Planning Commission
Meeting August 10, 1998
Special Joint Planning Commission
and City Council Meeting
August 27, 1998
Request to Rezone Property
located near Trickey Lane and
State Hwy 294 AKA Jordon Subd.
from R-1 to R-1A
petitioner(s): J & T Developers
Request to Rezone 319-321 Ray
Road (Lot 8, Pickard Addition)
from R-1 to R-2
petitioner(s): Mr. Milford Hubbart
Expansion of Sands Motel
1008 Hwy 161 South
petitioner(s): Mike Kirkpatrick
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 14, 1998
7:00 P.M. -7:21 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,
and John Hardwick, answered ROLL CALL.
CALL and declared a quorum. PRESENT
opening on the Planning Commission)
Lester Piggee, Mark Perry,
Chair.man Gray answered ROLL
SIX ( 6) I ABSENT (2) 0 (ONE
Others present for the meeting were City Attorney Robert Bamburg,
City Clerk Lula M. Hawkins, City Engineer Duane Reel and Marci
Wilson of the Engineering Department, visitors, property owners and
Jon Parham Editor of The Jacksonville Patriot.
DEVIATION IN AGENDA: PUBLIC HEARING 7:00
a. Request to Rezone Property located near Trickey Lane and State
Hwy 294 AKA Jordon Subdivision from R-1 to R-1A
(Petitioners: J & T Developers)
Chair.man Gray opened the public hearing at approximately 7:04 p.m.
City Engineer Reel represented petitioner Ted Camp who was in
attendance at the meeting. He related that the request is being
made for smaller lots, 10' narrower lot width, mentioning also more
density in construction.
The public hearing was closed at approximately 7:06 p.m.
Commissioner Hardwick posed a question regarding Fire Department
approval.
City Engineer Reel said that they have not signed off on the
project relating that the 50' radius of the culdesac does not pose
a problem.
Commissioner Piggee moved, seconded by Commissioner Walker that the
request to rezone Jordan Acres Subdivision from R-1 to R-lA be
approved and recommended to the City Council for their approval.
MOTION CARRIED.
Request to Rezone 319-321 Ray Road (Lot 8, Pickard Addition) from
R-1 to R-2
Chair.man Gray opened the public hearing at approximately 7:08 p.m.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 14, 1998
7:00 P.M. -7:21 P.M.
Mr. Milford Hubbart came before the Commission and explained that
he desires to construct duplex apartments on his property.
There were no comments from anyone in attendance in opposition to
the rezoning request.
Chair.man Gray closed the public hearing at approximately 7:10p.m.
City Engineer related that the City has no problem with the request
adding that the lot is extra wide. He related also that no calls
were received by his department regarding opposition to the
request.
Commissioner Walker moved, seconded by Commissioner Perry that the
rezoning request of Mr. Milford Hubbart for the rezoning of 319-321
Ray Road, Lot 8 Pickard Subdivision be granted and recommended to
the City Council for their approval. MOTION CARRIED.
RESUME AGENDA:
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Reid that the
minutes of the Regular Planning Commission Meeting of August 10,
1998 and the Special Planning Commission Meeting of August 27, 1998
be APPROVED as presented. MOTION CARRIED.
BUILDING PERMITS:
Expansion of Sands Motel 1008 Hwy 161 South
(Petitioner: Mike Kirkpatrick)
Mr. Kirkpatrick related that there are fire hazards presently with
the current construction and that he desires, over a five-year
period, to phase out the old units with 24 new units.
He said that there will be two handicap facilities with wheel chair
assessibility noting that parking will adequate. He pointed out
that ingress and egress will remain as it is now with fire
department access to the units.
Commissioner Hardwick moved, seconded by Commissioner Reed that the
building per.mit requested by Mr. Mike Kirkpatrick for expansion of
Sands Motel 1008 Hwy 161 South be APPROVED. MOTION CARRIED.
REQUEST TO APPROVE PLAT:
2
j
ANNOUNCEMENTS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 14, 1998
7:00 P.M. -7:21 P.M.
At this time Chairman Gray requested that some of the Commissioners
volunteer to work with a committee from the City Council as they
study modular and manufactured home construction in an effort to
make more affordable housing for the citizens of Jacksonville now
and in the future. Commissioners Hardwick, Walker, and Perry
volunteered to serve on the Committee.
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 7:21 p.m.
Respectfully,
P4A·~J~ ~M. (L I;onad)Ha kins
Planning Commission Secretary
CITY CLERK-TREASURER
3
5/
JACKSONVILLE PLANNING COMMISSION
AGENDA
7:00P.M.
OCTOBER 12, 1998
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Planning Commission
Meeting September 14, 1998
4. PUBLIC HEARING(S):
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
7:00 p.m. CONDITIONAL USE: Request for
business and personal property
use in a C-2 zone located at
1100 North James Street
petitioner(s): Laurie Fischer
a. 821 Marshall Road
Marshall Road Baptist Church
Expansion
b. 2400 Linda Lane
Jacksonville High School Athletic
Facility
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
Amended Bill of Assurance
Fair Oaks Subdivision
(amended BOA on file in Clerk's Office)
J
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 12, 1998
7:00 P.M. -7:40 P.M.
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance and requested roll call.
ROLL CALL:
Commissioners: 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 SEVEN {7},
ABSENT {1} • {ONE opening on the Planning Commission}
Others present for the meeting were City Attorney Robert Bamburg,
City Clerk Lula M. Hawkins, City Engineer Duane Reel and Marci
Wilson of the Engineering Department, Director of OECD Frank
Rowland, Alderman Kenny Elliott, Petitioners, visitors, and Jon
Parham, Editor of The Jacksonville Patriot.
PUBLIC HEARING 7:00 Conditional Use: Request for business and
personal property use in a C-2 zone located at 100 North James
Street
Chair.man Gray opened the public hearing at approximately 7:03 p.m.
Ms. Laurie Fisher of 110 North James presented her request to the
Planning Commission. She related that her desire is to operate a
beauty salon in the front of the residence with living quarters in
the back of the house. She stated that there is ample parking to
accommodate customers as she presented pictures of the house and
surrounding area. She explained that she also has to meet the
requirements of the Board of Cosmetology which will make random
checks on the business operation.
Chair.man Gray closed the public hearing at approximately 7:06p.m.
City Engineer Reel voiced that the parking is ample from the
viewpoint of the City noting access to parking at Charles Rea
Insurance Company in addition to parking at the residence.
Commissioner Perry moved, seconded by Commissioner Piggee that the
request of Ms. Laurie Fisher be granted for residential use in a
Commercial {C-2} zoned area at 1100 North James. MOTION CARRIED.
RESUME AGENDA:
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Reid moved, seconded by Commissioner Walker to approve
the minutes of the Regular Planning Commission Meeting of September
14, 1998. MOTION CARRIED.
1
53
54
BUILDING PERMITS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 12, 1998
7:00 P.M. -7:40 P.M.
a. 821 Marshall Road I Marshall Road Baptist Church expansion
At the request of the petitioner, who was not represented at the
meeting, Chairman Gray stated that the item will be on the agenda
of the Regular Planning Commission scheduled for November 9, 1998.
b. 2400 Linda Lane I Jacksonville High School Athletic Facility
The item of business was represented by Johnny Watson who explained
that the item had gone before the Board of Adjustment with their
approval of a 25 ft. setback which varies from the Jacksonville
Municipal Code ten (10) ft. He explained that the variance is
requested due to building placement being hindered by a sewer line
on the property. He voiced that the outside of the structure will
be metal with concrete block rest rooms on the interior with a
large open space for weight lifting and work-out areas. He said if
funds are available, there are plans to rubberize the floor of the
weight room and use astroturf on the remainder of the floors.
Commissioner Piggee moved, seconded by Commissioner Reid to approve
the building permit request for 2400 Linda Lane, athletic facility,
as requested. MOTION CARRIED.
REQUEST TO APPROVE PLAT{S):
REQUEST/STREET OR ALLEY CLOSING:
GENERAL: Amended Bill of Assurance/Fair Oaks Subdivision
After a short discussion, the consensus of the Planning Commission
was that the item should be included on the 9 November 1998 Regular
Planning Commission Agenda.
ANNOUNCEMENTS :
Chairman Gray announced that the committee, chaired by Alderman
Phil Keaton, has met jointly with the Planning Commission and is
proposing to present an Ordinance which will modify the
Jacksonville Municipal Code with reference to manufactured, mobile,
and modular homes. He related that City Attorney Bamburg will draw
up an Ordinance which will be advertised for consideration by the
Planning Commission and the City Council including input from the
general public. He said that the City is making efforts to enhance
affordable housing for its residents.
2
[ 1
J
ADJOURNMENT:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 12, 1998
7:00 P.M. -7:40 P.M.
Chair.man Gray adjourned the meeting at approximately 7:40 p.m.
Respectfully,
&~.~~~::u~
Planning Commission Secretary
CITY CLERK-TREASURER
3
Sb
. ;
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
7:00P.M.
NOVEMBER 9, 1998
Regular Planning Commission
Meeting October 12, 1998
4. PUBLIC HEARING(S): 7:00p.m.
a. CONDITIONAL USE: Daycare
in C-3 zone/1120 John Harden
Petitioner Linda Hendrickson
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT{S):
6. REQUEST/STREET OR ALLEY
CLOSING:
7. GENERAL:
ADJOURNMENT
b.
a.
AHOD Affordable Housing Overlay
District
TEXACO STATION West Main &
School Dr. (rep: Art Deming)
REPLAT: Part of Plot 4 & 5, LRAFB
Main Gate Development/Jacksonville
Petitioner: CEI Engineering
(SKETCH PLAT: US HWY 67 & BASE
LINE ROAD)
b. PRELIMINARY PLAT JORDAN ACRES
(Bill of Assurance avlbl. at meeting)
(petitioner Ted Camp & Jim Peacock)
Amended Bill of Assurance
Fair Oaks Subdivision
(amended BOA on file in Clerk's Office)
OPENING REMARKS:
000057
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance and requested roll call.
ROLL CALL:
Commissioners: Dana Nixon, 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,
City Clerk Lula M. Hawkins, Deputy City Clerk Susan Davitt, City
Engineer Duane Reel and Marci Wilson of the Engineering Department,
Alderman Bill Howard, Petitioners, visitors, and Jon Parham, Editor
of The Jacksonville Patriot.
PUBLIC HEARING 7:00 Conditional Use: Daycare in C-3 zone/1120
John Harden Petitioner Linda Hendrickson
Chairman Gray opened the public hearing at approximately 7:03p.m.
Ms. Linda Hendrickson stated that the physical address for her
Daycare business is 1120 John Harden. She related that she is a
speech pathologist and that she rents the property from Beth Green
and that her petition is for a Daycare Center for handicapped
children. She related that she has two letters of support which
were presented to the Commission and a letter of support from
Dentist Bryan Holt. She made available a sketch of the area for
the perusal of the Commission.
No person present except Ms. Hendrickson ·spoke pro or con regarding
the request.
Chairman Gray closed the public hearing at approximately 7:05 p.m.
Ms. Hendrickson stated that she would be licensed through Child
Care Licenser with permits from the Health Department and the
Jacksonville Fire Marshall adding that preliminary approval has
been given by both.
City Engineer Reel stated that parking is adequate and that the
play area will take care of handicapped children adding that there
is no problem from his office regarding the request.
Commissioner Walker moved, seconded by Commissioner Piggee that the
Conditional Use request for a Daycare in a C-3 zone be APPROVED as
requested. MOTION CARRIED.
1
000 1'::.78 i fi.J . "-·
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
b. AHOD 11 Affordable Housing Overlay District11
By common consent the item was delayed until later in the meeting.
BUILDING PERMITS: TEXACO STATION West Main & School Drive
Chairman Gray pointed out that the proposed construction was
included in the agenda packet.
Mr. Barksdale McKay, ot Central Arkansas ~iver City Energy
distributor for Texaco stated that the proposal is to tear down the
present building and construct a new Texaco in the same basic area.
City Engineer Reel stated that everything being presented fall
within the parameters of requirements by the City and that he sees
no problem with the request.
Commissioner Hardwick moved, seconded by Commissioner Walker that
the building permit requested to construct a new Texaco Station at
West Main and School Drive be APPROVED. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): REPLAT: Part of Plot 4 & 5, LRAFB
Main Gate Development/Jacksonville Petitioner: CEI Engineering
and SKETCH PLAT: U.S. Highway 67 & Base Line Road
Mr. Chris Rogers with CEI Engineering in Bentonville, Arkansas
related that the Sketch Plat is for a supercenter to be located on
John Harden.
City Engineer Reel related that the Replat is covering changing
designation on certain tracts in the Little Rock Air Force Main
Gate Development Area. He said that there was some proposed
changes in the area in 1991 on the south end of the proposed replat
before the Commission. He said that some rezoning was done with an
attachment that noted things that had to be done before it could be
approved. He related that the zoning in the area is consistent
with what is requested by the developer except for the south part
which would be between Nixon Street and Parrish Street and from
Bailey Street east 210 feet, which was proposed to be a buffer in
the form of apartments or condominiums. He stated that the two
main issues regarding the replat is an area in the southwest corner
which still carries an R-3 development stipulation and the street
closings that will need to be addressed by public hearing.
Chairman Gray pointed out that the Commission is
overall land in the replat, without consideration
permit. It was noted that the replat is not
development plans.
2
looking at the
for a building
addressing any
l
ooooss
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
Mr. Rogers related that Mr. Ben Rice is requesting a rezoning for
the property designated as R-3 with development stipulations. He
stated that CEI is requesting that Thomas and Nixon Street be
vacated and part of Bailey be vacated. He related that the request
for Bailey to be vacated comes because it is their understanding
the City has no plans to develop Bailey. He suggested a screening
device behind the development along the Bailey right-of-way. He
related that drainage issues are being addressed with the
development of a three acre regional detention area on the North
side of the site with the intent to alleviate some of the down
stream flooding which occurs from a creek in the area. He stated
that it will not adversely impact down stream flood way. He
related that the final traffic study from the State has not been
completed as yet.
In response to a question presented by Chairman Gray, Mr. Rogers
related that Parrish Street,through to Bailey will not be developed
because of cross traffic concerns from the area neighbors. In
discussion it was related that the two main entrances to the
proposed development would be directly off John Harden into the
parking lot and the second is off Parrish Street which also
connects onto John Harden. There will be no access to the
neighborhoods or the area behind the development by vehicle. He
briefly explained the operation of the detention pond.
It was clarified by the City Engineer that the replat consists of
three tracts with two out lots adjacent to John Harden Drive. He
then stated that the entire area will be used by the ;proposed super
center and the detention area.
Mr. Rogers related that the two out lots will basically be for
sale. He stated that the detention area has been deemed a wetlands
by the Corp of Engineers and will never be developed.
Commissioner Hardwick questioned the possible need to address the
rezoning prior to approval of the replat. Chairman Gray related
that given the elements of commercial, he is unsure if it was
granted as a rezoning or as a conditional use/variance authorized
or commanded of the developer at that time.
City Attorney Bamburg clarified by stating that stipulations were
placed on the rezoning when originally approved in 1992. He stated
that the conditions deemed that the south tract of land would
include R-3 zones, adding that while the rezoning did not go
through, the restrictions still exists on paper. He stated that it
is not a rezoning but a removal of the restrictions placed on the
property previously.
3
000060
; • ', '. ~ }I ::, ~ ·••• : ' ' .
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
City Engineer Reel related that detailed drainage review and
traffic plans will be addressed when the development plans are
presented for approval. He stated that a replat does not grant
approval of construction plans.
In response to a question posed by Commissioner Piggee, City
Engineer Reel related that a replat will open up a large piece of
ground for the development within the parameters of that zoning,
adding that it will still have to meet all setbacks.
Chairman Gray clarified that the Commission is looking at a replat,
not a development plan, reviewing that the developer has suggested
closing three streets and 90% of another street. He related that
there would be no access from the rear with all access occurring
from John Harden Drive.
An area resident, Mr. Billy Bowles, related concerns over the
amount of construction, the intent of the developers with regard to
buffer zones, the purchase of some of the property and street
closings. He requested information for a clearer understanding for
those street closings. He also mentioned concerns for the
elementary school located in the area.
There were no specific answers with regard to the questions by Mr .
Bowles.
Mr. Gray stated that the plat as requested is binding with regard
to the lot layout. He said that there will be no development on
the lots unless the actions of the developers are completely
fulfilled as they are stated.
Commissioner Nixon questioned whether approving the replat would
in effect say the streets would be closed.
Chairman Gray stated that street closings require a public hearing
before the City Council adding that the opinion, as a discussion
item, of the Planning Commission would be sought by the Council
before finalization of the actual closing.
Commissioner Nixon stated that she felt at a loss to take any
action regarding the item without more information.
Alderman Howard related that the greatest concern of the community
is traffic. He said that his concern is the amount of money that
has already been spent by the City of Jacksonville in street
development, a million dollars alone on the Loop Road Expansion,
4
(
I :J ·:·. . ." 000061.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
adding that he can't visualize a Wal-Mart Store doing as good
across the freeway as it does now from a traffic standpoint.
City Engineer Reel related that if the replat were to be approved,
it would still be approved with two open streets, being Thomas and
Nixon, explaining that they are approved rights-of-way, dedicated
to the public for ingress and egress use to this particular piece
of property. He said it would involve a replat, a public hearing
and then another replat to compensate for the street that would be
closed. He said that Thomas Street on the north side has an owner,
Toby Troutman, who would be involved with regard to ownership of
half the street if and when it is closed. He said that the owner
of the parcel, up for replatting, would be involved in all of Nixon
Street if and when it is closed. He suggested that the prudent
thing may be to table the item until the street closings take place
so that the final replat would show final ownerships the way the
street closings would indicate.
Commissioner Nixon stated that "Nixon Street" is not a family
interest.
Commissioner Nixon moved, seconded by Commissioner Walker to table
the replat until the issues of street closure and right-of-ways are
addressed. MOTION CARRIED.
An area resident requested a meeting of the neighborhood regarding
information on what is being developed. _
Chairman Gray voiced that the representative requesting the replat
is free to meet with those in attendance immediately outside the
Council Chambers acknowledging that Jon Parham, Editor of the
Patriot who was in attendance, might be available as well.
Chairman Gray advised that proper procedure for the developer at
this point can be obtained from the office of the City Clerk or the
City Engineer.
b. Preliminary Plat of Jordan Acres
City Engineer Reel voiced that the plat is the same as the Sketch
Plat that was previously presented, with added amenities with
regard to contours, etc. He said that the setback in the Sketch
Plat had a thirty-five (35) ft. setback and the Preliminary
indicates twenty-five (25) ft. setback because it was rezoned R-la
which allows for that. He noted that a Bill of Assurance proposes
utilization of construction which may not be considered
conventional. He said that the possibility exists for modular or
5
00006·2''
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
manufactured homes which will be hauled in by sections and placed
on solid foundations in an effort to come up with affordable new
housing for low to middle income families.
He said that main access to the subdivision is off Trickey Lane or
Highway 294.
He said that none of the property is in the flood plain or close to
it. He pointed out again that R-la allows for modular and
manufactured homes, that the Bill of Assurance eliminates mobile
homes, adding that the square footage of the dwellings is stated in
the Bill of Assurance to be 750 square feet.
He said that by the time a Final Plat would be prepared, something
needs to be addressed in R-la or in another special zoning
classification that would allow site-built, modular, manufactured
homes just in that particular area depending on what the developer
wants to do.
He said that the committee working on an AHOD ordinance needs to
address the R-la zoning as soon as possible as the need for
affordable housing increases.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
APPROVE the PRELIMINARY PLAT OF JORDAN ACRES. MOTION CARRIED.
REQUEST/STREET OR ALLEY CLOSING:
GENERAL: Amended Bill of Assurance I Fair Oaks Subdivision
Mr. Will Bond voiced that the amendment to the Fair Oaks
Subdivision Bill of Assurance is very simple pointing out Paragraph
19 which now states that all dwellings shall have no exposed
foundation blocks and shall be 2/3 rock or brick. (with the
following deleted in the original Bill of Assurance or a siding
approved by the allotters, majority lot owners, or Property Owners
Association) . He said that over 50% have signed off on the
amendment. Mr. Bond related that there are 48 lots within the
subdivison and that the approval of 25 of the owners of the lots
may have approved the amendment. He said that ACJ Rental Co. owns
the majority of the lots in the subdivision. He stated that the
amended version is more restrictive than the first and does not
affect those already established in the subdivision. He said that
no opposition is known regarding the amendment.
Commissioner Nixon moved, seconded by Commissioner Perry to APPROVE
the Bill of Assurance as amended. MOTION CARRIED.
6
oooasa ·
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Piggee to
approve the minutes of the Regular Planning Commission Meeting of
October 12, 1998. MOTION CARRIED.
DEVIATION IN AGENDA:
AHOD Affordable Housing Overlay District
At this time, Chairman Gray explained that a public hearing was set
to address the AHOD (Affordable Housing Overlay District) with
hopes that Mr. Frank Rowland would be able to speak to the Council
with regard to the item of business. He asked for a courtesy
motion to table the item until the next meeting.
Commissioner Perry moved, seconded by Commissioner Walker to table
the discussion item AHOD (Affordable Housing Overlay District) to
be dealt with during the meeting of the Planning Commission on 14
December 1998. MOTION CARRIED.
DISCUSSION: Chairman Gray expressed that there is a committee
working on broadening the definitions in the Jacksonville Municipal
Code regarding residential, manufactured or modular homes. He said
there is more work for the committee to try to further clarify
potential changes.
He related that a question concerning a commercial recreation area
in a residential area merits discussion by the Planning Commission.
He stated that the current process of thought is that the Northwood
Acres Community is surrounded by approximately a 65 acre boundary
which.adjoins Foxwood. He said that there are thoughts to propose
a golf course and driving range on that sixty-five acres. He
related that a major land use change and zoning change will have to
take place which may not be in the best interest of that property.
He said that there is no provision under our current ordinances for
the development of the golf course to take place.
He asked if the Planning Commission would give consideration to
creating a proposed ordinance that would allow some commercial
recreation in residential areas as a conditional use. He explained
that a conditional use, when granted, is for a particular request,
for a single use, not transferrable.
He related that there would need to be a public hearing at the time
the proposed ordinance is presented which would be submitted to the
City Council for their consideration.
7
000()64:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 9, 1998
7:00 P.M. -8:15 P.M.
With the common consent of the Planning Commission, Chairman Gray
requested that City Attorney Bamburg prepare a draft ordinance to
be presented at the 14 December 1998 meeting of the Planning
Commission during a public hearing.
ANNOUNCEMENTS:
ADJOURNMENT:
Chair.man Gray adjourned the meeting at approximately 8:15 p.m.
Respectfull y, ~ulolf/. otoo~d ~~~d~
Lula M. (Leonard) Hawkins
Planning Commission Secretary
CITY CLERK-TREASURER
8
JACKSONVILLE PLANNING COMMISSIQN_.9-?00SS
AGENDA
DECEMBER 14, 1998
OPENING REMARKS:
ROLL CALL:
1.
2 .
3 . APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Planning Commission
Meeting November 9, 1998
4. PUBLIC HEARING(S): publ~c hearings 7:00 p.m.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT (S) :
a. CONDITIONAL USE: 105 W. Main
Housing & Classroom facility
for student adult truck drivers
(Petitioner J.C. James)
b. DISCUSSION: Amend Jacksonville
Municipal Code/Conditional Use
of Commercial Recreation in
Residential zones
c. CONDITIONAL USE: Golf Course
east side of Northwood Acres
(Pet: Recreation Unlimited, LLC)
d. Request to lift restrictions in C-3
zone/Plot 5, Main Gate Development
(Petitioner: Mr. Ben Rice)
e. CONDITIONAL USE: 1804 Marshall Road
resident mini-storage manager on
premises (Petitioner: Mr. Ben Rice)
f. DISCUSSION: Proposed AHOD Ordinance
7. REQUEST/STREET OR ALLEY
CLOSING: a . Request to Close & Vacate Puritan
Drive (Petitioner: Joe Box)
8. GENERAL:
ADJOURNMENT
b . Request to Close & Vacate Parrish
Street (Pet: Charles Lewandoski)
c. Recommendation regarding closing &
vacting Nixon & Thomas Street
oooas.s
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Bart Gray opened the meeting expressing appreciation for
those in attendance and explained the procedure to be used in
conducting the public hearing.
ROLL CALL:
Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, 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 p resent for t he meeting were City Attorney Robert Bamburg,
City Clerk Lula M. Ha wkins , De puty City Clerk Susan Davitt, Marci
Wilson of the Engineeri ng Department , Alder man Kenny Elliott,
Public Works Director Murice Green, Chairman of the Water
Commission Thad Gray, Executive Director of the Chamber of Commerce
Mickey Anders, petitioners, interested citizens and Jon Parham,
Editor of The Jacksonville Patriot.
PUBLI C HEARI NG 7:00
DEVIATION IN AGENDA: Request to lift restrictions in C-3 zone/Plot
5, Main Gate Development
Chairman Gray opened the public hearing at approximately 7:06p.m.
He introduced Attorney Ben Rice who represented the request to lift
the restrictions placed on the parcel with the passage of Ordinance
923 (#3-90) on 1 March 1990. Mr. Rice gave the location of the C-3
zone, between Nixon and Parrish Street and pointed out that the
ordinance required that apartments be built on part of the parcel.
He related that a contract between the City and expected buyer was
signed, however, the option to purchase was not exercised thus the
proposed development was never took place.
It was related that Belz Burrow has acquired the property and
proposes to develnp .1 Wnl-Mart Super Center. He stated that Wal-
Mart will need all of the property zoned C-3 without restrictions.
Mr. Dennis Zolper presented a survey which depicts the existing
streets Thomas, Nixon, and Parrish that have been platted prior to
Belz Burrow purchasing the property. He related that research
determined that the property was zoned C-3 with an agreement
incorporated into the zoning ordinance which stipulated that the
west 120 feet of the property lying south of Nixon Street and North
of Parrish had to be used for multi-family development. He related
that the area is not very large which presents some unique
questions as it was decided that the best avenue was to bring the
1
000(J(J?
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
item of business before the Planning Commission and request that
the property be zoned C-3 without the contingency of multi-family
development. He related that this would allow the property to be
utilized without relocating the proposed development further to the
north. He related that the proposed Wal-Mart development will
adhere to all City and State building codes, which will be
presented to the Commission at a later date.
Chairman Gray closed the public hearing at approximately 7:13p.m.
Commissioner Walker noted that in 1990 the City Council rezoned the
property with stipulations and the contract was executed between
the City and Perish Street Partners. He questioned whether the
zoning is valid if the townhouses were not constructed. He stated
that his interpretation is that the zoning was never changed to C-3
therefore there would be no existing stipulations.
City Attorney Bamburg clarified that the entire property was
rezoned to C-3 with multi-family stipulations placed upon the
particular portion in question. He further stated that the public
hearing before the Commission is to address removal of those multi-
family restrictions.
Commissioner Walker further question that if the conditions were
not met as required in the ordinance -his understanding is that
the rezoning is effective only if those conditions are met.
City Attorney Bamburg related that while the property was not
developed in the conditions stated, both parties entered into an
agreement stating that they would develop in that manner and the
ordinance was passed. He said that because the ordinance and the
agreement is a matter of record, those restrictions must be lifted
for the property to carry a straight C-3 zoning.
In response to comments from the Commission, Chairman Gray related
that it is his understanding that there is 120 foot of frontage
property along the undeveloped portion of Bailey Street that
carries a restriction for multi-family construction, adding that
the proposal before the Commission is to decide if the restriction
should be removed and that portion be fully implemented as a C-3
zone.
In response to a question from Commissioner Nixon, City Attorney
Bamburg related that the Commission had the authority to require a
buffer zone at the time the preliminary plat is presented.
2
OOOJ68
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Commissioner Walker, moved seconded by Commissioner Reid to
recommend to the City Council that restrictions regarding 120 foot
of property generally described as property located between Nixon
Street from the east right-of-way line of Bailey Boulevard to the
west right-of-way line of U.S. Highway 67-167 be lifted. MOTION
CARRIED.
b. CONDITIONAL USE: 105 W. Main for a Housing and Classroom
facility for student adult truck drivers.
Chairman Gray opened the public hearing at approximately 7:21p.m.
Mr. J. C. James related that the property is currently housing the
Jacksonville Care Channel. He said that the commercial zoning fits
the need of the proposed buyer with the exception of the buyer's
needs for a dormitory. He related that the buyers have been in the
training of truck drivers business for approximately four years and
the corporate location is in Protho Junction. He stated that the
dorm will house ten to twelve students for a period of three weeks
while in training. He stated that the students are recruited from
out of town, state, and country at times and will require housing.
He stated that the students will be shuttled because they do not
have vehicles which will not create a parking problem at the
facility. He related that the school generally closes at
Thanksgiving and re-opens in February to begin new classes. He
related that there is no problem with suggested building repairs
from the fire marshall and City inspectors which have been
presented to the prospected buyers.
Mr. Richard Rhetts of #9 Del Tara Drive, stated that his main
concern is for the housing of students in a transitory type
situation with regards to a grammar school close by. He questioned
the type of individuals housed in the facility. He mentioned the
crime rate and questioned the back ground checks for students.
Mr. Mike Hodge general manager for the truck driving company
related that his school has trained over seven hundred students.
He stated that the students are screened and have no prior
convicts, adding that in order to obtain a DAT license you cannot
have a record with prior felony convictions. He related that most
of the students are from overseas, and for the most part "keep to
themselves". He stated that they will be very well looked after at
the school.
Mr. Kenneth Haft asked that the Commission take into consideration
that the building is currently being used by the Care Channel and
Alcoholics Anonymous.
3
00.0~.6-S
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray closed the public hearing at approximately 7:30p.m.
In response to a questioned posed by the Chairman, Mr. James
related that the facility has not yet been renovated to accommodate
the school, and that after the permit is received renovations will
begin.
Commissioner Walker questioned the supervision of the students, to
which Mr. James related that it is a controlled situation. He
stated that it is his understanding that they will be closely
supervised.
In response to a question posed by Commissioner Perry, Mr. Hodge
related that there is no other classroom facility proposed however
they are planning a driving test are in Beebe, Arkansas and are
looking into acquiring the property for that purpose. He stated
that this will be the same type of setup as located at Protho
Junction which has not had any problems. In further discussion it
was also related that previous driving experience has occurred near
Camp Robinson through a third party tester.
Commissioner Hardwick moved, seconded by Commissioner Perry to
grant the Conditional Use allowing the housing of. up to twelve
students at 105 West Main subject to meeting code specifications
and that no training trucks be brought into the vicinity. MOTION
CARRIED.
c. CONDITIONAL USE 1804 Marshall Road resident mini-storage manager
on premises.
Chairman Gray opened the public hearing at approximately 7:40p.m.
Mr. Ben Rice related that the property is zoned industrial and is
used for mini warehouses. He related the need for a resident
manager on site, adding that other mini warehouse operations have
resident managers.
Chairman Gray closed the public hearing at approximately 7:42p.m.
In response to a question posed by Commissioner Hardwick, Mr. Rice
related that there would be no additional construction necessary.
It was further noted that the facility is compatible for
habitation.
Commissioner Corroum moved, seconded by Commissioner Walker to
approve the Conditional Use as requested for 1804 Marshall Road
resident mini-storage manager. MOTION CARRIED.
4
.I
OOOD?O
d. Proposed AHOD Ordinance
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray related that the ordinance is proposed by a joint
committee of members from the City Council and Planning Commission.
Chairman Gray opened the public hearing at approximately 7:45p.m.
and invited Mr. Frank Rowland to address the item of business.
Mr. Rowland related that the objective was to address affordable
housing for low income families in the City of Jacksonville. He
stated that there is a real need for low income families to have
affordable and suitable housing. He said that affordable would
mean in the area of $300.00 a month and asked that the Commission
broaden the definition of residential areas to allow for the
placement of manufactured homes. He related the in depth work by
the Committee regarding definitions of Modular, Manufactured, and
Mobile Homes and stated that the ordinance would allow the
construction of homes which may be pre-manufactured, at least in
part, off the home site. He said that in the opinion of local
construction personnel is that "manufactured homes are as good or
better than stick built houses". He pointed out that even with
Federal Funding, it is hard to build affordable housing because of
high construction cost. He related that AROD would allow
development of affordable housing in the western area of
Jacksonville and that housing in the Sunny Side Addition is at
least fifty years old and badly deteriorated. He said that using
manufactured housing will allow for reconstruction and affordable
housing which will meet all City housing and HUD codes. He related
that each proposed home would come before the Planning Commission
for review.
Chairman Gray closed the public hearing at approximately 7:49p.m.
Commissioners Hardwick stated that he feels home ownership creates
pride in the neighborhood.
Commissioner Walker expressed that it will enhance the area it is
intended for.
Mr. Jim VonTunglen related that the district was developed with
safeguards and careful consideration, adding that he feels other
cities may also adopt if successful in Jacksonville. He expressed
support of this as a model project.
Commissioner Nixon moved, seconded by Commissioner Walker to
recommend the proposed AHOD (Affordable Housing Overlay District)
to the City Council. ROLL CALL: Commissioners: Corroum, Reid,
Nixon, Walker, Perry, Hardwick vote AYE. MOTION CARRIED.
5
r
000071
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
e. Amend Jacksonville Municipal Code/Conditional Use of Commercial
recreation in Residential zones.
Chairman Gray opened the public hearing at approximately 7:55p.m.
City Attorney Bamburg related that Ordinance #1111 as presented
allows for expanded conditional uses in various residential zones,
and adds to the existing conditional use list. He pointed out that
the addition of private recreational use facilities, would include
country clubs, residential care facilities, beds and breakfast. He
proposed the addition of the category 11 Event Facilities 11 to the
ordinance, explaining that it would include facilities in the R-0
to R-5 residential areas that could be rented for particular events
on a conditional use basis. He stated that this allows the
Planning Commission to expand the nature of the conditional uses
that can be granted in various residential zones.
Chairman Gray closed the public hearing at approximately 7:57p.m.
Chairman Gray pointed that request have other cities also
considering the same type of ordinance. He stated that expanded
conditional uses would allow for a less than complete rezoning to
occur.
Discussion ensued as to the addition of a
Facilities 11 to the ordinance. He stated that
the Planning Commission would maintain
stipulations they choose to set.
category of 11 Event
as a conditional use
control:· over any
Commissioner Hardwick moved, seconded by Commissioner Corroum to
include the category of "Special Event" and recommend revised
Ordinance 1111 to the City Council. MOTION CARRIED.
f. CONDITIONAL USE: proposed Golf Course on the east side of
Northwood Acres.
Chairman Gray related that as his family is in ownership of the
property he will relinquish the chair to Commissioner Perry.
Acting Chairman Perry opened the public hearing at approximately
8:03 p.m.
Mr. Mike Moran along with Ted Belden, Tommy Hanson, and Jack Caston
requested a conditional use which would allow the construction of
a golf facility that would include a driving range, golf course
learning center, a miniature golf course and a nine-hole golf
course.
6
OOOU72
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Mr. Jerry Williams of 114 Cheyenne Trail stated that he is not in
opposition to the golf course, however, he has concerns for the
drainage which is already a problem in the area. He asked for
assurance that the development would be watched regarding drainage.
Acting Chairman Perry related that drainage issues will be
addressed by the Planning Commission during development stages.
Mrs. Irma Rector of 100 Arapaho Place read a statement in
opposition to the development of the golf course, which is on file
in the office of the City Clerk. Some main concerns were previous
assurances regarding a park area near the vicinity of the lake and
flood control.
Acting Chairman Perry closed the public hearing at approximately
8:20 p.m.
It was noted by Commissioner Walker that the property mentioned by
Mrs. Rector is to be used as residential and is not a part of this
development. It was clarified that the property of 3616 T.P. White
Drive is not the same property.
In response to a question from Commissioner Hardwick, City Attorney
Bamburg related that he is unaware of any dedication of property to
the City regarding a park.
Commissioner Nixon stated that the question of dedicated property
subject to the subdivision approval needs to be answered.
Commissioner Nixon moved, seconded by Commissioner Reid to table
the item of business for the January 1999 regular meeting of the
Planning Commission MOTION CARRIED.
It was noted that this development would replace the earlier
proposed development off Coffelt Road. Mr. Moran addressed
drainage concerns relating tha~ ~hRrR arR planA for a 5 acre lake
to handle water from the subdivision. He said that water would be
retained and detoured by the nature flow of the land to the Holland
Bottoms area. He related that the area is in the flood plan but it
is not know if the land is considered wetlands.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Walker moved, seconded by Commissioner Reid that the
minutes of the 9 November 1998 Regular Planning Commission meeting
be APPROVED. MOTION CARRIED.
7
BUILDING PERMITS:
REQUEST TO APPROVE PLATS:
REQUEST STREET/ALLEY CLOSING:
000073
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14, 1998
7:00 P.M. -8:55 P.M.
Chairman Gray related that public hearings for street closures are
conducted by the City Council with recommendation from the Planning
Commission.
a. Request to close and vacate Puritan Drive.
In resp0nse to a question from Commissioner Perry, Ci ty Attorney
Bamburg r e lated that when a street is closed, the property included
in the dedicated area is divide d among the adj o ining property
owners. It was also explained t hat if the closur e is the request
of only one of the adjoining property owners the land is still
divided equally and recorded as such by the County Clerk.
Commissioner Hardwick moved, seconded by Commissioner Perry to
recommend no opposition to the closure of Puritan Drive to the City
Council, assuming that there are no issues with sewer and water.
MOTION CARRIED.
b. Request to close and vacate a portion of Parrish Street.
Mr. Charles Lewandoski of 708 Parrish Street, related that his main
concern is that Parrish Street might become a thoroughfare and his
request to close seventy-five feet of Parrish Street extending east
from Bailey would keep that from happening. He stated that this
request is not in opposition to the Wal-Mart Super Center plan, but
will ensure traffic does not become directed through Parrish at a
later date.
Mr. Dennis Zolper related that they do not have a problem in
closing that portion of Parrish Street. He related that whatever
portion of Parrish not used in the development could be closed.
Discussion regarding concerns for landscaping were addressed, and
it was stated by Mr. Zolper that the balance of Parrish would be
given to adjoining property owners.
Mr. Zolper related that they would join in the petition to close
the street.
Commissioner Perry moved, seconded by Commission Nixon that the
Planning Commission is to recommend to the City Council that they
have no opposition to the closure of a seventy-five foot portion of
Parrish Street as requested, assuming there are no problems with
the sewer and water utilities or ownership. MOTION CARRIED.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 14 I 19.98
7:00 P.M. -8:55 P.M.
c. Recommendation regarding closing and vacating Nixon & Thomas
Street
Chairman Gray related that the public hearing will be held December
17, 1998 at the regular scheduled City Council meeting.
Discussion ensued and it was concluded that all property owners
adjoining the west side of Bailey Blvd. and Wal-Mart would join in
a petition to close Bailey Blvd.
Mr. Zolper stated that Wal-Mart, as the Bailey east side property
owners, is in 100% favor of closing Bailey.
In addressing the closing and vacating of Nixon and Thomas Streets,
Mr. Zolper related that Nixon and Thomas are undeveloped platted
streets running in an east -west configuration and basically
located in the center of the property. He stated that there are
utilities which will be relocated in the building planning stage
and easements re-dedicated. He said that they would accept a
recommendation from the Planning Commission that Wal-Mart and the
utility companies work together in relocation of utilities and
easements.
Commissioner Corroummoved, seconded by Commissioner Perry that the
Planning Commission recommend to the City Council that they have no
opposition to the closure of Nixon and Thomas Streets as requested,
assuming there are no problems with the sewer and water utilities
or ownership. MOTION CARRIED.
ANNOUNCEMENTS :
Chairman Gray announced that City Clerk/Planning Commission
secretary, Mrs. Lu Hawkins will be retiring as of January 1st and
will be greatly missed. He commended and thanked her for the many
years of dedicated service to the Commission.
Mrs. Hawkins read a poem commemorating her retirement, a copy of
which is on file in the office of the City Clerk.
ADJOURNMENT:
Secretary Hawkins adjourned the meeting at approximately 8:55p.m.
9
JACKSONVILLE PLANNING COMMISSION
Susan L. Davitt
ANNUAL REPORT-1998
MEMBERSHIP ROSTER
ANNEXATIONS
REZONING PROPOSALS
SUBDIVISIONS
REPLATS/LOT SPLITS
SKETCH
PRELIMINARY
FINAL
SITE PLANS
CONDITIONAL USES
MISCELLANEOUS
BOARD OF ADJUSTMENT
JACKSONVILLE PLANNING COMMISSION
CITY OF JACKSONVILLE, ARKANSAS
.... 0-000~6 . -.
JACKSONVILLE PLANNING COMMISSION
MEMBERSHIP ROSTER
1998
NAME: ADDRESS:
John Hardwick*** 14 Foxfire Cove
Rudy Reid 1009 Richards
Bill Corroum #7 Foxboro Cove
Dana Nixon 1412 Graham Road
Mark Perry** 110 Arapaho Place
Bart Gray, Jr.* P.O. Box 37
Lester Piggee Towering Oaks
Bob Walker*** 515 Cheshier Court
filling the unexpired
term of Mrs. Connie Foster
* Denotes Chairman
TERM
EXPIRATION
1/1/1999
1/1/1999
1/1/2000
1/1/2000
1/1/2000
1/1/2001
1/1/2001
1/1/1999
** Denotes Vice-Chairman and Chairman of the Board of Adjustment
*** Denotes 1998 Board of Adjustment Members
ANNEXATIONS
DESCRIPTION COUNCIL
No Annexations in 1998
OOOD78
01/12/98
06/08/98
REZONINGS
DESCRIPTION p. c. COUNCIL
THE SW CORNER OF REDMOND AND GENERAL SAMUELS ROADS
Petitioner Mr. Jim Lemmons
East 585 feet from M-2 to C-3
West 700 feet from M-2 to R-3)
Legally described as follows:
Part of the NW1/4, NW1/4, Section 24, T-3-N, R-11-
W, in Pulaski County, Arkansas, more particularly
described as follows: Commencing at the NW corner
of said NW1/4, NW1/4; thence South 88 degrees 19
minutes East 112.0 feet along the centerline of
General Samuels Road; thence South 1 degree 24
minutes West 40.0 feet to the Point of Beginning;
thence South 88 degrees 19 minutes East 1, 171.5
feet; thence South 1 degree 02 minutes West 400.0
feet along the Westerly right of way line of
Redmond Road; thence North 88 degrees 19 minutes
West 1,285.3 feet; thence North 1 degree 24
minutes East 354.7 feet; thence along a curve
(Delta 58 degrees 31 minutes tangent= 112.0) with
a chord bearing a distance of North 69 degrees 35
minutes east 120.5 feet to the Point of Beginning,
containing 11.76 acres, more or less.
LRAFB HISTORICAL FOUNDATION:
DENIED
01/12/98
Rezone request from R-3 to C-3
Petitioner Mr. Ben Rice
for parcel legally described as:
Tract "F-1"
Part of the SE 1/4 of Section 18, Township 3 North,
Range 10 West, Pulaski County Arkansas, also
described as part of Plot 4 of the Little Rock Air
Force Base Main Gate Development area of
Jacksonville, Arkansas, recorded in Plat Book 5,
Page 8, more particularly described as follows:
Beginning at the northwest corner of said Plot 4,
thence S 89 degrees 51'19" E 948.92 feet along the
north line of said Plot 4; Thence leaving said
north lineS 00 degrees 07'22" E 298.12 feet along
the west line of lands conveyed to the Jacksonville
motel by quitclaim deed 96-67996, dated September
27, 1996; thence leaving said quitclaim deed line
S 89 degrees 53' 07" W 190 .15 feet; Thence S 00
degrees 00'00" E 283.95 feet to the north right-of-
way line of Thomas Street; Thence along said north
OOOU79
REZONINGS continued
09/14/98
right-of-way line of Thomas Street S 89 degrees 53'
49" W 760.24 feet to the east right-of-way line of
Bailey Boulevard; Thence along said right-of-way
line N 00 degrees 04' 54" E 586.22 feet to the
point of beginning.
Less and except:
Commencing at the northwest corner of said Plot 4;
thence S 89 degrees 51' 19" E 759.41 feet along the
north line of said Plot 4 to the point of
beginning; Thence continuing along said north line
of said Plot 4 S 89 degrees 51' 19" E 189.51 feet;
thence S 00 degrees 07' 22" E 298.12 feet along the
west line of lands conveyed to the Jacksonville
motel by quitclaim deed 96-67996, dated September
27, 1996; Thence leaving said quitclaim deed line
S 89 degrees 53' 07" W 190.15 feet; Thence N 00
degrees 00' 00" W 298.98 feet to the point of
beginning. Containing 13 acres more or less.
APPROVED
W/STIPS
06/08/98
ORD 1098
07/02/98
REZONE PROPERTY LOCATED NEAR TRICKEY LANE AND STATE
HWY 294 AKA JORDON SUBDIVISION
Request to rezone from R-1 to R-1A
A tract of land located in the southeast quarter of
the southeast quarter of Section 10, T-3-N, R-10-W,
in the City of Jackosnville, Pulaski County,
Arkansas, being more particularly described as
follows. Commence at the northwest corner of the
SE 1/4, SE 1/4 of said Section 30; thence S 1
degrees 0' 42" E 765.2 feet; thence S 89 degrees
41' 54" E 16 feet to the point of beginning; thence
continueS 89 degrees 41' 54" E 268.00 feet; thence
N 1 degrees 11' 32" W 149.31 feet; Thence n 89
degrees 59' 14" E 300.0 feet; thence S 0 degrees
34' 58" W 540.06 feet; thence S 89 degrees 59' 16"
W 231.61 feet; thence S 0 degrees 34' 58" W 175.01
feet to the north rig ht-of-way line of military
Road (State Highway 294 ); thence N 89 degrees 59'
16" along the north right-of-way line 50.00 feet;
thence N 0 degrees 34' 58" E 175.01 feet; thence S
89 degrees 59' 16" W 157.39 feet; thence N 0
degrees 14' 21" E 42.74 feet; thence N 89 degrees
000080
REZONINGS continued
09/14/98
48' 20" W 135.96 feet; thence N o degrees 25' 47"
W 349.0 feet to the point of beginning, containing
6.11 acres more or less.
319-321 RAY ROAD
APPROVED
09/14/98
Lot 8 Pickard Subdivision
Request to rezone from R-1 toR-3
Petitioner Mr. Milford Hubbart
APPROVED
09/14/98
ORD 1106
10/01/98
ORD 1105
10/01/98
OQQas.~.
r
SUBDIVISIONS
DATE DESCRIPTION P.C. COUNCIL
01/12/98 PRELIMINARY LOT 7 & 8 APPROVED
SCENIC BLUFF 01/12/98
01/15/98 FINAL PLAT
BELLEVUE SUBDIVISION APPROVED
PH. III 01/15/98
03/09/98 SHETCH PLAT APPROVED
FAIR OAKS SUBDIVISION 03/09/98
04/13/98 FINAL PLAT APPROVED APPROVED
JAMESTOWN SUBDIVISION w/stips w/stips
04/13/98 05/07/98
04/13/98 PRELIMINARY PLAT APPROVED
FAIR OAKS SUBDIVISION w/stips
PH. II 04/13/98
06/08/98 FINAL PLAT APPROVED
BUSHWOOD ESTATES w/stips APPROVED
PH. II 08/20/98
06/08/98 SKETCH PLAT/SITE PLAN
TIMBERWOOD SUBDIVISION
APT. COMPLEX APPROVED
SOUTH HOSPITAL DRIVE 06/08/98
07/13/98 PRELIMINARY PLAT
TIMBERWOOD SUBDIVISION
APT. COMPLEX APPROVED
SOUTH HOSPITAL DRIVE 07/13/98
08/10/98 SKETCH PLAT APPROVED
JORDON ACRES 08/10/98
08/10/98 REPLAT
LOT 5 & 6 BLK. 10 APPROVED
TOWN OF JACKSONVILLE 08/10/98
11/19/98 REPLAT
PLOT 4 & 5 LRAFB TABLED
MAIN GATE DEVELOPMENT 11/09/98
11/09/98 PRELIMINARY PLAT
JORDON ACRES SUBDIVISION APPROVED
11/09/98
J
OOOD8?
01/29/98
06/08/98
07/13/98
07/13/98
10/12/98
11/09/98
12/14/98
12/14/98
12/14/98
CONDITIONAL USES
DESCRIPTION
South Hospital Drive
R-3 in C-3 zone for
Multi-family Complex
Pet. Arkansas Multi-family
Housing, LLC
South side of Redmond Road
between Overview & James St.
R-2 in C-4 zone
Petitioner Jim Peacock
Timberwood Apartment Complex
PH II South Hospital Drive
R-3 in C-2 zone
Pet. Arkansas Multi-Family
Housing, LLC
1114 North First Street
C-2 in C-1 zone/Snack Bar
Petitioner Greg Woods
1100 North James Street
Business and Personal property
use in C-2 zone
Petitioner Laurie Fischer
1120 John Harden
Daycare in C-3 zone
Petitioner Linda Hendrickson
65 acres on east side on
Northwood Acres
Recreational Use in Residential
zone/Golf Course
Pet. Recreation Unlimited, LLC
1804 Marshall Road
Resident Mini-Storage Manager
on premises
Petitioner Ben Rice
105 W. Main
student housing in Commercial
zone
Petitioner J.C. James
APPROVED
01/29/98
APPROVED
06/08/98
APPROVED
07/13/98
APPROVED
07/13/98
APPORVED
10/12/98
APPROVED
11/09/98
TABLED
FOR JAN. 99
MTNG.
APPROVED
12/14/98
APPROVED
W/STIPS
12/14/98
01/12/98
03/09/98
03/09/98
04/13/98
04/14/98
04/27/98
05/11/98
06/08/98
06/22/98
07/13/98
07/20/98
08/10/98
08/27/98
05/11/98
07/13/98
08/10/98
MISCELLANEOUS
DESCRIPTION
TWO PINE DRIVE
Unnamed Road
BUILDING PERMIT
Pul. Co. Bus Facility
2310 Redmond Road
LAND USE/5 MILE/AICUZ
PLANNING BOUNDRIES
Public Hearing set
LAND USE/AICUZ
LAND USE/AICUZ
Public Hearing
continued
LAND USE/AICUZ
LAND USE/AICUZ
LAND USE/f\ICUZ
LAND USE/AICUZ
LAND USE/AICUZ
LAND USE/AICUZ
Special Meeting
LAND USE/AICUZ
Public Hearing
LAND USE/AICUZ
Special joint meeting
Planning Commission
and City Council
BUILDING PERMIT
Golf Course
Coffelt Road
BUILDING PERMIT
Timberwood Apt. Complex
South Hospital
BUILDING PERMIT
106 Blakely Road
RECOMMENDED
to City Council
APPROVED
DISCUSSED
04/13/98
DISCUSSED
RECOMMENDED
land use map
change
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
PLAN REVIEW
APPROVED
W/STIPS
07/13/98
APPROVED
08/10/98
COUNCIL
APPROVED
01/15/98
APPROVED
ORD. 1095
5/7/98
MISCELLANEOUS continued:
09/14/98
10/12/98
10/12/98
10/12/98
11/09/98
11/09/98
12/14/98
12/14/98
12/14/98
12/14/98
DESCRIPTION
BUILDING PERMIT
Sands Motel Expansion
1008 Hwy 161 South
BUILDING PERMIT
821 Marshall Road
Marshall Road Baptist Ch.
BUILDING PERMIT
2400 Linda Lane
Jacksonville High School
Athletic Facility
AMENDED BILL OF ASSURANCE
Fair Oaks Subdivision
BUILDING PERMIT
Texaco Station
West Main & High School Dr.
AHOD AFFORDABLE HOUSING
OVERLAY DISTRICT
AHOD AFFORDABLE HOUSING
OVERLAY DISTRICT
CLOSE AND VACATE
Puritan Drive
CLOSE AND VACATE
75 Feet Of
Parrish Street
CLOSE AND VACATE
Nixon & Thomas Streets
APPROVED
09/14/98
withdrawn
by petitioner
APPROVED
10/12/98
ON FILE
11/9/98
APPROVED
11/09/98
TABLED til
12/14/98
RECOMMENDED
to City Council
RECOMMENDED
to City Council
RECOMMENDED
to City Council
RECOMMENDED
to City Council
COUNCIL
APPROVED
ORD 1110
12/17/98
APPROVED
ORD 1115
01/21/99
APPROVED
ORD 1117
02/04/99
APPROVED
ORD 1117
02/04/99
01/14/98
01/14/98
01/28/98
04/29/98
06/24/98
07/13/98
08/10/98
10/12/98
10/12/98
j
BOARD OF ADJUSTMENT
DESCRIPTION
WhiteCo Outdoor Advertising
629 -109th Street
Arlington, TX 76011
variance for distance and
height for placement of
three billboards
Pizza Pro, Inc.
carried over from 1997
portable sign variance
Arkansas Multi-Family Housing
Variance from C-2 dimensions
to R-3: 60 unit complex
Charles Rea Insurance
1026 North James
Sign Variance for height and
square footage
Arkansas Multi-Family Housing
Variance from C-2 dimensions
to R-3: additonal 1.5 acres
North Hospital Drive
Mr. Jerry Halbrook
216 Poplar Street
Dimensional variance for a
double carport
Joe Oliver
512 Brewer
Front Yard Setback/Carport
Joy Owens
1708 Keaton
Front Yard Setback/Carport
Pulaski Co. School Dist.
Jacksonville High School
2400 Linda Lane
Building Line Setback
ACTION
APPROVED
1,000 FT.
DISTANCE
50 FT.
HEIGHT
APPROVED
W/STIPS
APPROVED
only to
AMFH
APPROVED
under C-1
zoning
APPROVED
APPROVED
W/STIPS'
APPROVED
W/CONSENT
from neighbors
APPROVED
W/CONSENT
from neighbors
APPROVED
10 FT. VARIANCE