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1976r R-3 to C-2 and that Lots 13, 14, 15, 16, 17, 18 , 19, and 20, Block 1, west Jacksonville Subdivision No. 2, together with Lots 8, 9, 10, 11 and 12, Block 29, Original Town of Jacksonville, should be rezoned from R-4 to C-2. It was moved by Cleo Cavender, with second by Robert Runge, that the same be set for public hearing on January 6, 1976 at 8 P.M .. The motion carr ied . Mr. Brasseale of Winrock showed a series of slides dealing with streets and sidewalks. It was the feeling of all Planning Coinrnis- sion members that it gave them food for thought toward future changes in the present Subdivision Ordinance. The Metroplan representative reported that the zoning map study had not been corrected and that they were waking on it, together with their continued work with the Highway Department on the Street Plan. There being no further busine ss, the meeting was adjourned. UINUTES OF JACKSONVII..LE PLANNING CO i li,HSSION , January 6, 1976 The Planning Con~ission held its regular meeting on Tuesday, January 6, 197G, with the following persons in attendance: Members : T . P. White, Chairman; Cleo Cavender, Jerrel Fielder, Don Boshers, Hugene Wooley, Dennis Lock, Robert Runge , Albert Sidwell, and Daisy Olson, Secretary . Others : John Harrington, ilayor James Reid , Bill Owens, Larry 1iJilson, Tommy Bond, Harry Tolleson, Walter Barger , Ann Barger and others. After the meeting was cal led to order at 7 : 3 0 P .l"'l. , by the Chairman, Ob an introduction was made of Jerrel Fielder, Eugene Nool ey and Albert Sidwell; who were the persons appointed t o the terms beg inning January 1, 1976 and ending December 31, 1978 . F or the holding of the annual ele c tion of officers, the c hair was relinquished by T . P . White to Daisy Olson to hear nominations for the office of Chairman . 'I'. P. Wh i te was nominated by Don Boshers ; after awaiting further nominati o ns for several min utes and hearing none, the chair suggested a motion for election by acclamation whi c h was made by Cleo Cavender, seconded by Don Boshers and passed by the members. T. P. Wh ite was declared the Chairman; at vvh ich time the chair was returned to him . Nomination s were then heard for the office of Vice-Chairman. Robert Runge was nominated by Dennis Lock; Don Boshers nominated Cleo Cavender; Cleo Cavender nominated Don Boshers; after which Hu gene Wooley moved that nomination s cease, seconded by Daisy Ols o n; upon vote the motion carried; and votes were then cast for the respective nominees a s follows : Two for Don Boshers; Three for Robert Runge and Four for Cleo Cavender; whereupon it was declared that Cl eo Cavender had been elected to the office of Vice-Chairman. Minutes of the December meeting were approved. A year end report of activities by the Planning Commission was given by Mis s Olson. A gift of a card index on rolloflex for street names was given to the Commission by Dr. Sidwell. o'l Minutes of January 6, 1976 meeting, continued. Bill Owens, City Engineer , remarked that he had been studying the ordinances and checklists on requirements for subdivisions, and that changes needed to be studied by the Planning Commi ssion in several areas. It was agreed that the group wo uld try to work out an agenda to make the necessary studies and recommendations in the near future. Public Hearing was convened to consider the requ e st to rezone the following d esc ribed real property: Lot 78, West Jacksonville Subdivision #1 , from Class R-3 to Class C-2; Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 1, West Jacksonville Subdivision #2 ; and Lots 8, 9, 10, 11 and 12, Block 29, Original Town of Jacksonville; from Class R-4 to Class C-2. Proof of publication was presented by the Secretary; study of the areas in question was made by the members present; no persons appeared in opposition to either proposal; whereupon it was moved by Cleo Cavender, with second by Robert Runge that a recommndation be made to the Council that the rezoning request be granted. The motion carried . A replat of Towering Oaks, Tract A , Phase V, was submitted by Tommy Bond. Questions arose as to whether or not the subdivider should be required to pave, curb and gutter Ray Road, which is an existing , abutting street thereto. A dis cussion ensued regarding possible adoption of requirements t hat developers in the future would be required to build the streets a b utting any new development. It was the feeling of t h e members present that we had never made such a requirement and that we shoul d not penalize the p r ese nt deve lopers until such time as we study t h e ordinances and set u p d ifferent polic ies in the Planning Commission. Whe reupon it was moved b y Don Boshers, vJi th s e cond b y IIugene Wooley, tha·t the plat be approved without suc h a r equirement . Six members voted i n favor of the moti on, t wo abstained . A meeting wa s set by t he Chairman to be held two weeks hence for t he whole comm i ss ion to study t his condition and make recommenda - tions for future policies. A final plat of Over look Subdiv ision was submitted with the state- ment that funds would be escrowed for the building of sidewalks a fter construction was completed and before occupancy. Robert H.unge moved that \ve approve the plat subject to the escrowing of the funds mentioned for sidewalks, Cleo Cavender seconded the motion, upon vote, seven voted aye, one abstained A final plat of Foxwood , Phase V, was submitted by Tommy Bond with a statement by Bill Owen s that a Letter of Credit was being fur- nished by First Federal Savings & Loan to guarantee improvements. It was moved by Rober t Runge , with second by Hugene Wooley, that approval be given subject to receipt of Letter of Credit. The motion carried; there was one abstention. Minutes of January 6, 1976 , continued. A preliminary plat of Woodbri~r Subdivision was submitted. After study by the members , motion was made and seconded and carried subject to relocation and requirement of sidewalks at the follo win g places: One side of Collins Road ; one side of Woodbrier Drive; within the pedestrian easements shown on Plat; andat end of the Collins, Woodbrier and Greenway Co u rts to Johnson Park; and between Lots 15 and 16, between George a nn and Tract A. A request was presented to waive front set back requirements on Lot 39, Stagecoach Village, Phase III, to allow the encroachment of building placed too c l ose to street. After study by the members , it was determine d that the encroa c hment was not a material vari a nce and that the reque s t should be granted. I t was thereupon moved by Robert Runge, seconded by Hugene Wo oley, and carried by vote that the request be granted. Walter Barger, Ann Barger and Harry Tolleson appeared to request a clarification of the subdivision regulations and t o learn of all past actions taken by the Planning Commission in the Northwood Acres Subdivi s ion. Exerpts from the minutes containing said actions were provided to Mr. Tolleson by the secretary. A final draft of the new zoning map was presented to the members by the staff of Metroplan. It was suggested that each member study it and note any changes needed therein . Thre being no further business, the meeting was adjourned. MINUTES OF TH E JACKSONVILLE PLANNING COMMISSION , February 3 , 1976 The Planning Commission held its regular meeting at 7:30P.M ., Tuesday, Febr uary 3 , 1976 1 with the following persons in attendance: T . P •. White, Chairman; Cleo Cavender , Jerral Fielder, Hugene Wooley, Robert Runge , Dr . Albert Sidwell, Dennis Lock , Bill Owens , Jim Peacock , John Ha7rington , Claude.Br~sseale , Tommy Bond , Nancy G~.~~ ~ajor James Re1d , Judge Reed W1ll1amson , Dwayne Reel , Ron Tye andr Da1sy Olson , Secretary . The meeting wa s . called to order by the Chairman. Minutes of the Janu ary meeting were corrected and approved. Dr. Sidwell presented the street card index showing all names which had been gathered by him from several city maps. It was turned over to the Ci ty Engineer for futher study and recommndations. Dr. Sidwell further stated that he had been in communication with members of the postal department who desired to create a better number system for city street addresses. After discussion by the members and guests present , the Chairman appointed Jerral Fielder , Dr. Sidwell and the Ci ty Engineer to study the possibi l ity of establishing a grid map and ~stem for future numb ering of lots within the city . They were also advised to check the duplicity of street names and make necessary reco- mmendations for changing. Jerral Fielder presented copies of a proposed amendment ot the City Code , Section 17.24.030. After discussion and necessary action by the members , it was recommended that the Council take necessary action to amend to read as follows: 17 .24.030. A. Where a proposed development abuts an existing street or streets, in which development, no lots are designed to front on, or have vehicular access to, such street or streets; the developer shall not be responsible for further improvement of the existing street or streets. B. Where a subdivision abuts an existing street, that is de- sig:r\ated by the Planning Commission as a major street, with lots platted therein to front on the existing street, or otherwise has lots with driveways opening int9 said e x ist- street , the subdivider shall: 1. When the subdivision contains lots on both sides of said existing street, he shall i nstall paving for entire street with minimum widths, back to back as specified in major street plan , or escrow funds in cash money with the City in an amount sufficient to build said improvements. 2 . When the subdivision is located on only one side of an e xi stin g street, one-half of the required right- of=way, in no case less than twenty-five feet mea- sured from the centerline of the existing right-of- way shall be provided, and he shall either: a. Insta l l paving for entire street with curb and gu tter in accordance with minimum widths, for the side abutting the development; or b. Escrow funds in cash money with the City in an amount sufficient to build one-half of sa i d street (according to width specifications and i nstall curbs and gutters on the side of the street being developed. ·3. The fu n ds referred to herein shall be used only for installation of street improvements on the said designated street. c . Where a frontage road is required on a major street abutting a subdivision, the subdivider shall be required to install paving, inc l uding curbs and gutters on the frontage road in accordance with city specifications. D. Street widths for streets shall be in accordance with the following dimensions: 1. Major or Collector Street--36 feet , back to back. 2. Local Street--27 feet, back to back. 3. On all other streets, including local streets and multi-family residential areas, commercial areas and industrial areas, the required width of paving shall be established by the Planning Commission. 4. In no case will the developer be allowed to develop or i mprove a half of a street. Tommy Bond stated that he felt the City should have certain responsi- bilities in the enforcement of such an ordinance==that the city should provide a d e finite plan for the development before requiring a subdivider to put up money which would not be used for any immediate improvement of the property in question. Minutes of February 3, 1976, Continued Bill owens stated that he would always be able to furnish such a plan as soon as it was needed. Judge Williamson was present and requested permission on the part of a client to place a factory-built office and retail outlet within the C-3 zone at the corner of Linda Lane and Loop Road, which is property owned and occup ied by Hickey Consturction Company. The outlet is to be a n antique shop. It was the concensus of opinion of the members present that upon submission of a plot plan to the City Engineer, all other criteria under zoning requirements had been met, and that a building permit could be granted. A plot plan of Heritage Park Subdivision was presented by Jim Peacock. He stated that the area was immediately adjacent to the city limits and that a petition had been filed with the county judge to annex the area to the City of Jacksonville, He further stated that he had been at- tempting work with Reba Phillips in order to extend sewer to her property. He further stated that it was his intention to build 235 housing units of 3-bedrooms each on at least 30% of the property; and that the maxi- mum sale price on such a house was limited to $21,500, therefore causing very limited budgeting to be able to comply. It was his feeling that there was a need for such housing in Jacksonville; but that it would not be possible to plan finances in a manner that would allow the addit- ional expenditures necessary to improve Northeastern Avenue with pave- ment and curbs and gutters. Bill Owens stated that he had run a checklist against the plat plan and that it lacked several items meeting preliminary plat status . It was thereupon moved by Jerral Fielder that it be rejected as a preliminary plan for the reasons that it does not meet requirements. The motion was seconded by Robert Runge. Upon vote the motion carried . Dr. Sidwell stated that we ~h~uld be certain that checklists and sub- division regulations were made available to all developers. A request to rezone Lots 2 and 3, Madden Subdivision from C-3 to C-4 was submitted by Tommy Bond. He stated that it was his immediate plan to lease the property as a lumber yard. It was moved by Cleo Cavender and seconded by Hugene Wooley that the same be set for public hearing at 8 P.M., on Tuesday, March 2, 1976. The motion carried. A preliminary plat of South Briarfield was submitted by Winrock, with Tommy Bond present and representing the developer . Mr. Bond stated that the developer hoped to be allowed to develop the tract of land without paving, curbing or guttering Southeastern Avenue and that the only sidewalks that they be required to build be on one side of Lonsdale Circle. He further stated that in the event land and development costs exceeded the developer's original plans for the subdivision that they would not buy or develop the area in question. An explanation was given of a planned paved swale and pipe to take care of drainage in the low area of the development. He said that the topography made it a bad plan to make throught streets from Loop to Southeastern; but thatto properly utilize the area it was better to plan lots facing on Southeastern. It was the hope of the developer to have a grassy ditch with culverts for the necessary driveways on Southeastern. Bill Owens stated that he had studied the material submitted by the developer and that it met all requirements of a preliminary plan. /I Minutes of February 3, 1976 Continued Miss Olson asked whether or not a study had been made to determine the effect for property owners on the East side of Southeastern if curbs and gutters were required on the West side; she further asked if a plan for d &ainage and street improvements had been outlined for Southeastern; or, if not, if there were immediate plans on the part of the City Engineer to furnish such a plan before the impounding of the money for such improvements by the developer. The City Engineer stated that no plans for the curbing and guttering on the rest of South- eastern, and that no drainage studies had been made to his knowledge. Miss Olson moved that the preliminary plan be approved as requested, which would include the waiver of improvements on Southeastern and the waiver of sidewalks except for the one side of Lonsdale Circle. The motion was seconded by Cleo Cavender. Upon vote th~ee members voted for the motion; four abstained. The Chairman declared that the motion had not met requirements of a majority vote which was required on any wai ver as required by ordinance. Dennis Lock explained that his reason for abstaining was due to a con- flict he felt between the motion and the ordinance amendment just recom- mended. He stated that he also felt it was time to enf orce the require- ments as set forth in the ordinance. Hugene Wooley agreed with him. Robert Runge s~ate that he was also relying on the wording of the ordi- nance amendment; but that perhaps the meebers needed time to look at the particular area in question and determine whether or not it was an area which should be excepted under the variance and modification clause. T. P. White stated that he flet each areas was going to take judgment on the part of each member and that we could not at any time set a hard and fast rule to determine the issues to be resolved. It was thereupon moved by Robert Runge, with second by Hugene Wooley, that the members take a month to inspect the particular area and pass the preliminary plat as to all aspects except as to waiver on street improvement; that the question of Southeastern would be resolved at the March meeting . The motion carried. Mr. Brasseale thanked the Commission for its patience and consideration on this matter and the former matters he had presented to them. He further stated that shortly he would be submitting a plat plan which would include zero lot lines for our consideration and would appreciate our thinking in the interm about such a possibility in Jacksonville . Dwayne Reel was present and introduced the Final Plat Plan for Stage- coach Village , Phase IV, with the request that set-back requirements on Lots 27-36 be reduced from 35 feet to 25 feet. It was stated that because of a severe drop in the level of these lots from front to rear , the buildings needed to be placed as near the front as possible; that the additional land behind this tier of lots would not lend itself to further development due to its marshiness; and that he didn't see how anyone in the area could be harmed by the change. After further study by the members , it was moved by Robert Runge with second by Dennis Lock that the plat be approved with the requested waiver. The motion carried . Bill Owens requested information as to proper billing procedures in obtaining recorded final plat plans . It was unanimously believed by the members that developers should have to pay these additional csots , or furnish such plans to him within the desired time. Minutes of February 3, 1976 , continued Corrections to the zoning ma p were made by Jerral Fielder and Dennis Lock; with the understanding that the secretary would convey the changes to the Metroplan office . There being no further business the meeting was adjourned. PLANNING COMMISION MINUTES, March 2, 1976 The Planning Commission held its regular meeting at 7:30P.M ., Tuesday , March 2 8 1976, with the following persons in attendance: T. P . White, Chairman; Jerrel Fielder, Hugene Wooley, Robert Runge , Don Boshers , Dr. Albert Sidwell, Cleo Cavender, Dennis Lock, Daisy Olson, Bill Owens , Jim Peacock, George West, Ted Camp, Bill Carpenter , Tommy Bond and Mr. McKenzie from Hetroplan. The meeting was called to order by the Chairman; and the minutes of the February meeting were approved. Mr. White advised that the Planning Commission had sent flowers to S. J . Smart's funeral and he made memorial remarks in appreciation of Mr. Smart's services while a member of the Planning Commission. The first item of business was a preliminary plat of Heritage Park Sub- division. Mr . Owens stated that the plat, so far as it goes , meets engineering requirements; and that the other required plans are being submitted by the divider. Mr. Peacock stated that he would request that sidewalks be required only on one side of Heritage Street and that curbs and gutters be eliminated on Northeastern. Mr. Owens' opinion was that we would continue to have the same objections On all the streets regarding curbs and gutters but that we have approved an ordinance which will require that they be built. Mr. Peacock explained that 40% of the development is plann ed for 235 housing, which i s a real need in Jacksonville; and that the maximum limits of such financing will not allow the additional costs for the construction of the desired street improvements. He stated further that he did plan to make some improvements along the ditch. Mr. White stated that so long as he was in the process of donating the 25 foot street right-of-way and making necessary ditch improvements; and since this could not be anticipated to become a heavily travelled street anytime in the near future , that we probably should not require curbs and gutters or street development. Bill Owens stated that he did not know what plans the city has for future development of Northeastern. Don Boshers stated that it was his opinion that if we f Gllow the newly proposed ordinance for curb and gutter development that it will cripple future development in the city. T. P. Stated that we must take some action so that the developer will know how to proceed . Whereupon it was moved by Jerrel Fielder that we g i ve condi t ional approval subject to the developer working with the City Engi= neer and meeting any requirements necessary to satisfy the City Engineer. Robert Runge seconded the motion. De n n i s Lock stated that this was on l y passing t he buck. All other members voted in favor of the motion. A Public Hearing was convened on the request to rezone Lots 2 & ~ Madden Road Subdivision. No persons: appeared in opposition thereto . It was moved b y Ro ~ert Runge , seconded b y Cleo Cavender , that re-zoning as requested be recommended to the Council. The mo t ion carried . Minutes of March 2, 1976 Meeting Continued A request to rezone Lot 8, Madden Road , from C-3 to C-4 was submitted by Ronald L. Pack. A request was also submitted by E. G. Middleton to rezone Lots 6 & 7, Madden Road Subdivision. It was deterimined by the members that it was unwise to leave Lots 4 & 5 in the middle of C-4 zone, zoned as C-3; therefore, it was moved by Hugene Wooley, seconded by Robert Runge, that all five lots (4, 5, 6, 7, & 8) be considered for rezoning at a public hearing the first Tuesday night in April at 8 P .M. All members voted in favor of the motion. Since the February meeting, the subdivider had offered to build curbs, gutters and street on Southeastern abutting South Briarfiel~ subdivision in order to comply with the thinking of the Planning Commission members. Upon vote being taken , five voted in favor, one absta ;ined and one voted nay. Requests to rezone the following tracts of land in South Jacksonville to R-4 were submitted by Gary Holland and Donald Musgrave respec- tively. #1 Part of the Southeast Quarter (SE~) Section Thirty-Five (35), Township Three (3N) North, Range Eleven (llW) West; and of the Southwest Quarter (SW~) Section Thirty-One (31) Township Three (3N) North, Range Ten (lOW) West, more particularly described as follows, to-wit: From a point on the North line of Right-of-way of U. s . Highway No. 67, Little Rock-Jacksonville Road , intersection on the east line of Section 36; run thence North 36~0 East along said North line of right-of-way of said highway, a distance of 115 feet to an ir,o n pin and point of beginning; thence North 53~0 West a distance of 785 feet; thence South 47~0 West a distance of 85 feet; thence South 53~0 East a distance of 786 feet, more or less , to an iron pin at North line of the right-of-way of said Highway 67; thence North 36~0 East a d i stance of 83 feet to said right- of-way line to point of beginning, containing 1 .5 acres, more or less . Property address 8000 South Highway, Jacksonville, Arkansas #2 A tract of land lying partly within the Southwest Quarter of the Southwest Quarter (SW~ SW~) Section 31 (31 ) Township Three (3N) North, Range Ten (lOW) West , and partly within the East Half (E~) of the Southeast Quarter (SE~) of Section Thirty-Six (36), Township Three (3N) North , Range Eleven (llW) West , in Pulaski County, Arkansas , more particularly described as follows , to-wit: Commencing at the point of intersection of the Westerly line of US Highway 67 and the Range line between Ranges Ten (10) and Eleven (11) West , in Township Three (3N) North , thence North Thirty-six and one-half (36~0 ) degrees East along said highway a distance of One Hundred Fifteen (115) feet; thence Minutes of March 2, 1976 Meeting continued North 52~0 West 90 feet to a pont on the said Range Line, which is the point of beginning; thence North 52~0 West a distance of Six Hundred Ninety-Five (695) feet; thence North 47~0 East a distance of Two Hundred 0 d' Forty-Six (246) feet; thence South 54 East a 1stance of Seven Hundred Forty (740) feet to a point on the Westerly line of said Hwy 67 , which is Three Hundred Sixty-One (361) feet NOrth 36~0 East from the inter- section of the Westerly line of Hwy. 67 and the Range line between Ranges 10 and 11 West; thence South 36~0 West along and with said highway a distance of Two Hundred Forty-Six (246) feet; thence North 53~0 West 90 feet to the point of beginning, containint 4 1/3 acres, more or less. It was moved by Hugene Wooley with second by Jerrel Fielder t :1at public hearings be set to consider the rezonings at 8 P.M., Tuesday, April 6. The motion carried. A request to rezone Lots 2 & 3 , Block 1, Galloway's Addition from C-2 to C-3 was read by the Chairman. It was thereupon moved by Hugene Wooley, with second by Robert Runge, that the same be set for public hearing on Tuesday, April 6 at 8 P.~. Tpe motion carried. /-J f!.-[jU. ,.,.~ A preliminary plat of Westwood Subdivision , Lots 44-117, Tracts A&B was s u bmitted with the app~oval of the~City Engineer. A letter from the subdivider including the ~ng~emarks and requests for special consideration was read by the Chairman: "Lots 44 through 99 and Tract B are zoned R-3; Lots 100-117 are zoned M-2 and Tract A is zoned C-2. "Improvement plans for sewer, water, streets and drainage are now being prepared and will be submitted to the City Engineer and the State Health Department as soon as possible. "We would like to request that the 35 foot minimum front building line be waived on the following lots as as shown on the proposed plat: Lots 44, 56, 57, 65-69, and 73-78 (Proposed front building line-- 25 feet.) Lots 51-55 (Proposed front building line--30 feet.) "We would also like to request that sidewalks only be required on the East Side of Buck Powers Drive, except that part adjacent to Tract A; on the North Side of Braden Street; on the South side of Powers Cofe; and that none be required on Westwood Drive or Link Street.: Cleo Cavender moved approval as requested with waivers requested, subject to f~~ishing plans to City Engineer. Robert Runge seconded the motion; lttpon vote all members voted in favor of the same. Minutes of March 2, 1976 Meeting continued A request to considera sketch plat of Woodland Hills Subdivision was submitted by Tommy Bond, with a letter making the following requests for waivers: 1. Street improvements to General Samuels. It is our understanding that the county is undertaking the construction of this road. The road right-of-way dedication -makes it almost impossible not to front lots on this road in certain areas. 2. You will note that we have left walkways to a small park area. The owner would request that he be allowed to construct side- walks in these areas and sidewalks be waived for the rest of the subdivision. 3. The owner would like to request that if this sketch plat is acceptable, a public hearing be scheduled to rezone this property from its present R-0 zoning classification to R-1, which would allow for the 65 foot lot frontages. A $50 check will be forwarded to the Planning Commission if the sketch is acceptable and if the Commission feels that a public hearing should be set. After study and consideration by the members present, it was moved by Dennis Lock, with 2d by Cleo Cavender, that the plat be rejected for the reason that it creates a safety hazard with driveways back- ing onto a major thoroughfare. Upon vote, five voted for, three abstained. A preliminary plat of Eastview, Phase V was submitted by Tommy Bond. Mr. Owens stated that he had a promise from the owner that James street would be rebuilt and that otherwise the plat met re- quirements. It was thereupon moved by Robert Runge, with second by Daisy Olson, that approval be given subject to street require- ments being met to the satisfaction of the City Engineer. The motion carried. There was one abstention. There being no further business the meeting was adjourned. PLANNING COMMISSION MINUTES, APRIL 6, 1976 The Planning Commission held its regular meeting at 7:30P.M., Tuesday, April 6, 1976, with the following persons in attendance: T. P. White, Chairman, Cleo Cavender, Jerrel Fielder, Dennis Lock, Robert Runge, Don Boshers, Bill Owens, Tommy Bond, E. G. Middleton, George Ed McCain, Mayor Jim Reid, Nancy-Ge-h.-r-e--n ¢1 Mr. Alexander, Mike Abdin, Dick Jones and Daisy Olson, Secretary ./~L----- The meeting was called to order by the Chairman; and the minutes of the March meeting were approved. Mr. White advised that the Planning Commission had sent flowers to Jack Price's funeral; and that the bills for both Mr. Price's funeral and Mr . Smart's funeral would be forwa r ded to City Hall for payment. The first item of business was request from ~ck Jones for a con- ditional use permit for gas pumps to be placed on his Lot 16, Block 3, Jaxon Terrace Subdivision, occupied by Handy Randy's. Mr. Jones stated that this property had been reserved for business Minutes April 6, 1976 Meeting Continued in the bill of assurance and when platted and that it meets all commercial requirements under FHA loans; that this was all done prior to its being annexed to the city, at which time the City brought it in as residential rather than commercial. He stated that he would petition for rezoning to avoid any future trouble, but that temporarily to go ahead with the gas pumps, he would request a conditional use permit under the business clasification formerly given to the property. It was moved by Dennis Lock, with second by ,Don Boshers that the request be approved. The motion carried. Ther•~~pn ·-Mr . Jones requested that a public hearing be set for the May meeting for rezoning the property to C-3 classifi- cation. It was moved by Robert Runge, with second by Cleo Cavender that the public hearing thereon be set for May 4, 1976 at 8 P.M., sub ~ ject to Mr. Jones furnishing fee to Miss Olsonand posting necessary signs on the property. The motion carried. Public hearings on rezoning requests were then considered by the Commission: No persons appeared in opposition to the request to rezone Lots 4, 5, 6, 7 & 8, Madden Road Subdivision from C-3 to C-4. Proof of publica- tion of notice and p~·oof of payment of the necessary fees were pre- sented by the Secretary. The secretary also advised that a letter had been sent to Mr. Waymack, owner of two of the lots in question and that he had responded favorably to the proposal. Other interested parties were present and stated that they were still in favor of the change. Thereupon it was moved by Don Boshers with second by Robert Runge that the rezoning be recommended to the council for approval. The motion carried. Two separate tracts on South Highway owned by Messrs. Holland and Musgrave were considered for rezoning to R-4. The only persons appearing in addition to the owners, regarding these matters were George Ed McCain and Ruth Bla zer, both of whom stated they had no objection to the type zones being requested, whereupon it was moved by Don Boshers with second by Jerrel Fielder that the requests be granted. The motion carried. (Full descriptions are shown in March 2 minutes.) The last rezoning request was on Lots 2 & 3, Block 1, Galloway's' Addition to the Town of Jacksonville by 7;11 stores. After discussion by the members and the owners present , the owners stated that rather than rezone they would be ahppy with a permit which allowed the gas pumps on the property in question. Whereupon it was moved by Robert Runge, with second by Hugene Rooley that such a con4itional use permit be allowed on the property in question. The motion carreied. Final plat of Lots 1-16, South Briarfield was presented . After dis- cussion by the members, Tommy Bond and the subdivider, regarding set back lines; it was moved by Cleo Cavender, with second by Hugene Wooley, that approval be given to the plat as filed, subject to water and sewer acceptance by the City. The motion carried. Mr. Alexan~er, representing the owners of Lot 10, Block 27, Original Town of Jacksonville, appeared and requested a waiver for the placement thereon of a mobile home for an invalid who needed to live near the family. After discussion by the members present, it was moved by Don Boshers, with second by Robert Runge that the waiver be allowed. The motion carried. 7/ Minutes of April 6, 1976 Meetin·-~ Continued The final item of business was the request by Baskins-Robbins to place a sign on the front and sides of its new business at the corner of Main and Bailey. It was moved by Robert Runge, with second by Jerrell Fielder, that the request be allowed. The motion carried unanimously. There being no further business the meeting was adjourned. PLANNING COMHISSION HINUTES, MAY 4, 1976. The Planning Commission of Jacksonville held its regular meeting on May 4, 1976, at 7:30P.M., with the following persons in atten- dance; Cleo Cavender, sitting as Chairman in the absence of T. P. White; Jerrel Fielder; Don Boshers, Hugene Wooley, Dennis Lock, ~~~~~=ss~~~~!ii ~~~s~a~~;o~~h~~~etary; Tommy Bond, Bill Owens, £}rfiA..bVV Minutes of the April meeting were approved. The first item of business was the consideration of the request for Preliminary Plat approval of Lots 29-31 and Lots 110-130, South Briarfield; together with the request that sidewalks be waived on Daryl Court. After discussion by the members present, it was moved by Albert Sidwell, with second by Daisy Olson, that approval be given on the preliminary plat, with a waiver of side- walks only on one side of Daryl Court; and that the engineer be authorized to determine which side of Daryl Court will have the sidewalks. The motion carried with five votes for, one abstention. The public hearing on the request to rezone Lots 15 & 16, Block 3, Jaxon Terrace was called to order. It was pointed our that no posters had been placed on the property notifying the surrounding landowners of the request or the hearing. Whereupon, it was moved by Daisy Olson , with second by Albert Sidwell, that the matter be re-scheduled for the meeting in June, and that the owner be noti- fied that signs would have to be posted in the motion carried with five aye votes and one nay vote. The City Engineer volunteered to complete the Urban Studies Ques- tionnaire and return the same to Metroplan. Bill Owens requested some clarification on the zoning code and the subdivision regulations from the Planning Commission members. He stated that the decision on Heritage Park requirements had formerly been left to him, and that he had recommended gravel in the ditch , curb and gutter and 2 inch asphalt to carry the traffic proposed for the subdivision; and that matter would be coming up the following Thursday evening at the City Council. He asked if the Planning Commission was willing to accept this decision that he had made. Whereupon it was moved by Dr . Sidwell, ~th second by Hugene Wooley , that we reaffirm our former decision to allow Mr. Owens to make the necessary requirements and send copies of these minutes to the Council to support him at the upcoming meeting. The motion carried . There being no further business the meeting was adjourned . PLANNING COMMISSION HINUTES, June 1, 1976 The Planning Commission held its regular meeting on Tuesday, June 1, 1976 , at 7:30 P.M., with the following persons in attendance: T. P. White, Chairman, Cleo Cavender, Albert Sidwell, Robert Runge, Hugene Wooley, Dennis Lock, Daisy Olson, Secretary; Bill Owens, City Engi- neer; Hayor James Reid; Nancy .~H:-r-e-n, Tommy Bond, Dick Jones, James h MV . h Thomason, Dr. and Mrs. Jo n Co e, Mrs Kat1e Waymar, Don Bos ers , Richard HcKee and numerous other visitors. The meeting was called to order by the Chairman, who welcomed all visitors and encouraged them to attend and participate as often as possible in the meetings of the Planning Commission and any other public meetings of the city and offer any suggestions or criticisms of the actions being heard on the evening's agenda which might be of interest to them. Minutes of the Hay 4 meeting were approved upon motion by Hugene Wooley and second by Robert Runge. The first item of business considered by the Commission was the Final Plat of Lots 21-39, 83-91, 107, 108 and 125 of Woodbri~r Subdivision. A Bill of Assurance was also filed by the developer with the Plat. Hr. Bill Owens requested assurance that all streets would be completed before any occupancy; and that there could be problems in this matter unless a bond is posted. He suggested that a price of $25.00 per running foot of street would be an agreeable figure. He brought to the attention of the members that there have been former problems along these lines in other subdivisions by other developers; and that to be safe he would recommend such a bond being required. Whereupon it was moved by Don Boshers, with second by Cleo Cavender , that Final Plat approval ,be given upon the filing of a bond payable to the city in the amount to cover the cost of building the required number of feet at $25.00 per running foo t , payable i n 90 days after the date of this meeting , unless the streets have been fully completed and accepted prior to that time. All members voted in favor of the motion . The second item of bus ine ss was the consideration of the Final Plat of Lots 17-22 , 75-108, South Briarfield Subdivision, in which the same request was made as that on Woodbrier. Whereupon it was moved by Don Boshers, with second by Cleo Cavender, th~t approval be gien upon the fiting of a bond computed at $25.00 per running foot for each foot of street to be constructed therein, and payable 90 days from the date of the meeting if the streets had not been completed and accepted prior to that time . The motion carried. Public hearing was convened at 8 P.m. on the rezoning of Lots 15 and 16, Block 3 , Jaxon Terrace Subdivision. Mr. Dick Jones explained th a t he had reserved the lots for commercial use when he had subdivided the property and had met all requirements under FHA for commercial u sag e; but that when t h e property was annexed to the City it had been zoned for R-0 usage until s u ch time as rezoning requests were made. He stated that rumors to the effect that he desired a mobile home park on the land were in error; that he had no such intention. Mr . White explained that there was not sufficient land in the plat to allow mobile home use even if the classification would allow it, which C-3 does not; so that such use could not be made of the property in question. Katie ·waymar 7rJ I I requested a list of what types of businesses could be placed on the property; to which Mr. White read the ordinance explaining that although the classification allowed certain uses, again there would be a denial of those where the required parking and other minimum requirements could not be met. John Cobble asked whether or not a laundramat would be placed on the property, to which Mr. Jones stated that it would be allowed in the zone, but that he would have to be convinced both that it would not damage the sewer system and that it would be financially feasi- ble and beneficial before considering i t. He stated further that any addition placed on the property would be at least as attractive as that of the grocery now in existence and it would have to be something that would be of service to the neighborhood and accep- table to the people living there; that at this time he did not know what this would be since he had made no immediate plans for its use; that he was merely legalizing his original plans for the use of the property when he subdivided it. Mrs. Cobble objected to the trash around the pre sent business and requested that it be cleaned up. She further stated that additional businesses caused additional noise and ugliness in a residential area; that she was i n favor of conserving beauty. Mr. Jones ad-. mitted that the area could be kept tidier and that he would speak to the tenant about cleaning it up. After motion by Don Boshers, with second by Dr. Sidwell , that the requ~st be granted; Dr. Cobble asked if the present business was in full compliance with the State Health Code; to which Mr. Jones stated that he believed it was. Upon voice vote taken, six members voted in favor of the motion, there was one abstention due to a conflict of interest. ' Mr. Tommy Bond was present and presented a Sketch Plat of Northlake Subdivision, an area between Indianhead Lake Estates and TaraMount , which will contain approximately 600 lots when completed. After study by the members, it was determined that the street connecting with West Main Street would have to be a major arterial street and that it would need to be constructed of compacted gravel and hot mix. The Commission requested additional copies of the plat for further study before the July meeting. Miss Olson requested clarification of the city's requirements for the construction of a residence at the corner of Southeaste rn and Military Road on land owned by Bud Grizzle , a metes and bounds description which had not been subdivided. It was determined that a subdivision would not be requ i red since all the streets and utilities are al r eady on the property. Cleo moved, with second by Don Boshers, that the City Engineer issue a building permit upon the submissi9 n of a plot plan which conforms to subdivision require- ments. The mot i on carried . Miss Olson did not vote. Richard McKee , of Metroplan, advised that Gravel Ridge had filed a petition for incorporation , but any city within three miles could fi l e an objection which may prevent such action. He further stated that if a natural barrier such as the flood plain existed between Gravel Ridge and the objecting city , that such objection may be overridden since such a barrier would p rohibit proper annexation to the objecting city. It was the feeling of the members of the - Planning Commission that they would have no objection to the incor- porat~on of Gravel Ridge. Minutes of June 1 , 1976, continued Dennis Lock stated that he would like the area between Bayou Meto and Highway 107 and the Air Base annexed to Jacksonville, which was agree- able to a majority of the members present. He stated that Metropolitan Trust was the majority landowner in the area and that it had indicated no objection to such a proposal. Whereupon it was suggested by the Chairman that Dennis obtain necessary legal descriptions to proceed toward the possible annexation of the area in question. There being no further business, the meeting was adjourned. PLANNING CO}~ISSIO N MINUTES, Jul y 6 , 1976 The Planning Commission held its regular meeting on Tuesday , July 6 , 1976, with the following persons in attendance: T . P. White, Chairman, Daisy Olson, Secretary, Cleo Cavender , Jerrel Fielder, Hugene Wooley , Robert Runge, Dennis Lock, Bill Owens, Mayor James Reid, Nancy Gerren, Ben Rice, John New, Boyce & Ruby Baird, Buz Dougherty, Tommy Dupree, Tommy Bond and other interested visitors. The meeting was called to order at 7:30 P .M. by the Cha i rman.. Minutes of the June meeting were approved. The first item of business was a request for a special permit to oper- ate an automobile clean-up or detail shop in Victory Circle . The /CJO City Inspector reported that the business appeared to have ceased oper- ations; and the petitioner was not present at the meeting . Mr . Cavender reported that he had received complaints from the nearby businessmen of the overparking at the location. The matter was tabled u nti l furt her information on the operation chould be h a d, and until the p etitioner either appeared at the meeting or reported hi s latest desires in the matter. Mr. White reported to the Commission the action which had been taken by Pulaski Federal in upgrading of the Bill of Assurance on Stonewall Subd ivision. A request on behalf of Harry Dougherty to rezone approx imately 6 acres at the corner of Northeast ern and Graham Road was read by the Chairman. Upon motion by Hugene Wooley , with second by Robert Runge the matter was set for p u blic hearing at 8 P.M., Tuesday, August 3, 1976 . The petitioner's atto r ney , Buz Dougherty , wa s advised to see that posters were placed on th e p roperty fo r n otic e to t h e sur r ounding owners of t he hearing and proposed a ction. Tomm y Bon d presented a cor recte d p lat of Li tt le Big Horn Es tates Sub- di v i sion, st a ting that this was necessitat e d b y the f act t h a t the residences had been bu i lt on lots as set o u t in an unrecorded plat , wh ic h differed from the r e corded plat ; th a t al l o wners h ad e x ecuted the cor r e cted plat. It wa s moved by Robe r t Ru ng e with second b y Eu gene Wooley that approval be g i v en . The motion carried. There were three requests from o wner s of lands near Spe n c er Stree t to rezone certain tracts therein to C-3. Descriptio ns and owners are as f ollows: Garth Tr avi s: Begin at the railro ad i ron stake a t the Nor thwe s t co rner of the Northeast Quarter of the Northe ast Quarter (NE~ NE~) Section 31 , Township Three (3) North, Range Ten (10) We st , thence South alon g 161 Spencer Street for 170 feet; thence East for 100 feet to the ~oint of beginning, thence North for 150 feet , thence East 159 feet; thence South for 274 .4 feet , thence Southwesterly 126 degrees, nineteen minutes along Military Road for 116.3 feet, thence North for 193 feet , thence West 65 feet to the point of beginning. (Also known as Lots D, E. & G , Spencer Estate) Blankenship: Part of the Northeast Quarter of the Northeast Quarter (NE~ NE~) Section 31, Township Three (3) North, Ran ge Ten (10) West, lying north and west of the Old Military Road , and bound- ed on the west by a dedicated street, and more particularly described as follows: Beginning at the Southwest corner of said tract where a dedi- street and the Old Military Road intersect , thence in a n orth= easterly direction along the Old Military Road for a distance of 173.1 feet; thence North for a distance of 193 feet; thence West for a distance of 140 feet to a dedicated street; thence South along the east line of the dedicated street for a dis- tance of 295.5 feet , more or less, to the point of beginning, all in the City of Jacksonville, Arkansas. Kinkead, Executrix for Spencer Estate: Part of the Northeast Quarter of the Northeast Quarter (NE~ NE~) Section 31 , Township 3 North , Range 10 West, Pulaski County, Arkansas, being North and West of Old Military Road and more particularly described as follows: Starting at the Northeast corner of said NE~ NE~; thence South 89 degrees 20 minutes West 108 .2 5 feet to the point of begin- ning, said point being the intersection of the North R/W line of Old Military Road and the North line of said NE~ NE~; thence continuing South 89 degrees, 20 minutes West 970.91 feet to a point, said point being North 89 degrees, 20 minutes East 259. feet from the Northwest corner of said NE~ NE~AJ~; thence South 0 degrees 22 minutes East 276.28 feet to a point on the North R/W line of Old Military Road; thence North 52 degrees, 50 minutes East along said R/W line to the point of a curvature of a curve to the right having a radius of 971.36 feet; thence North 81 degrees 44 minutes East along said R/W line 486 .93 feet to the point of beginning , containing 1 .968 acres, more or less . It was moved by Robert Runge , with second by De n nis Lock that the req~ests be set for public hearing on August 3, at 8 P.M., or as soon thereafter as each could be heard. The motion carried. The owners were advised to post necessary si gn s of the public hearing on each of the property lines. A request from Bart Gray for the rezoning of 30.97 acres on Stanphil Road to R-3 was read by the Chairman. It was moved by Cleo Cavender , wi th second b y Rober t Runge, that the public hearing be held thereon at 8 P .M., or as soon thereafter as possible , on August 3 , 1976. The motion carried. The representat i ve o f the petition agreed to p ost necessary sig ns. A r equest to close that portion of Harvey Street between Lots 16, Block 2, Thomposon Addition; and Lot 1, Block 4 , Brown Ad dit i o n , was read by the Chairman. Mr. Owens stated that after consultation with Minu te s of _J u ly 6 , 1976 Meeting Continu~d the owner , it was his understanding that i f the street is closed , the owner (who own s both lots) pla ns to replat t h e street into a part of Lot 1 6 to en l arg e i t to 130' b y 14 0 '. There seemed t o b e some concern for th e d rai n a ge d itch wh ich prese n tly runs into t h e d e dic a ted street r i g h t-of-way. There was a l so a s u gg estion that utilities would have to be notified , a nd would h ave to jo in in t he request if any are in t h e right-of ~way . It was moved b y Jerrel Field er , with second b y Denn i s Lock , that the Plannn i n g Commission recomme n d the closing , and p ass the matter to the City Coun cil for public hearing and final determination . The motion carried . Mr. & Mrs . Boy c e Bai rd were p resent and requested permission to b uild a swimming poo l on the front of the lot a t 1901 Lessel Drive . The drawin g presented showed the p ool to be constructed at the street l i ne , and i t was never clea rly stated where the pool would be placed , if the request were allowed. After discussion b y the members p resent and study of the plat plan , it was the opin i on of the City Inspector , the City Engineer and Jerrel Fielder that a swi mming pool constitutes a structure under the subdivision regulations and that a variance of more than 4 or 5 feet be y ond the building set back line should be denied . There was some feeling by commiss i on members that a devi- ation should be allowed so long as the pool was s urroundedby a chain link fence . It seemed impossible either for the petitioner , the members , or any other advisers to set a necessary distance from the street. It was thereupon moved by Dennis Lock , with second by Jerral Fielder , that the matter be referred to the City council without a recommendation . The mo tion carried . Tommy Bond and Tommy Dupree were present for further discussion on Northlake Subdivision and request for approval of the Sketch Plat. Tommy Dupree stated that he would build the street as required in the June meeting , providing nece ssary ac cess from West Iv1ain Street. Whereupon it was moved by Robert Runge with second by Hugene Wooley that approval be given of the Sketch Plat of Northlake Subdivision. The motion carried . Dennis Lock presented the attached map of an area West of present City Limit line s for annexation~ explaining t h at he had limited the area in q uesti on to the East side of Bayou Meto for the reason that property on the other side had quite a lot of homes and development which would ne cessitat e additional expen se on the part of the city and additional consent from the owners. After consideration by the mem- bers present and the statement by Dennis that police are presently accommodating the area; it was moved by Cleo with second by Dennis that the Planning Commission recommend that the Council consider the are a for annexation . Themotion carried. Bill Owens presented a request from Murphy Adams to build a house on a single plot of ground which would not necessitate any s treet, utilites or sidewalk development, and wanted the Planning Commission members to advise whether or not a building permit should be granted. After study it wa s moved by Robert Runge , with second by Cleo Cavender , that approval be granted for a building permit. All members voted in favor . There being no further business , the meeting was adjourned. The J a c ks o n v ille P l aning Cornm 'ss i on held 'ts r egula r meeting o n Tuesd ay, Au gu st 3 , 197 6 , wi th the fol o wi ng pe r son s in a tte ndan c e : T. P. White , Cha i r ma n ; Cleo Ca v ender , Euge n e Wo o ley , Al h ertS idwell , Je r r el Fie l der , De n n is Lo ck , Rob e r t Ru n ge , Dais y Ol son , Secre t a r y ; Ch arles Rand e ll , F ank Ro b e rts , Nan c y Ge rr e n , Ha r r y Do ughe rt , Wa r r en lVl i l ls , La r r y Wilso n , Mike Wil s o n , Bi l l Owe n s , Tommy Bond , J im Peacock , Judy Tay l o r, Bil l T a ck , Bart Ta y lor , P a stor Sanchez , Mr . Coope r , Ga r th Travis , Mr . Bl a n k en s h i p , J ea n i n e Ki n kead , Bill Cook, Mr . Crox - t on , Reed Will'a mso n, Marie Benso n and Mr . Croft . Th e me e ting was called to orde r at 7 :30P .M., by Ch a irman vlh ite. Mi nute s of the July 6 , 1976 mee ti n g wer e a pproved by unan i mo u s v ot e of t he me mbers . The f i rst item of b usiness was a req ues t to rezone 2.7 acres at T. P. Wh ite Dr ive a n d Northeastern Av e nu e from R-0 to C-2; the said a r ea b eing more pa rticula r ly descri b ed as follo ws-to-wit : Part of the S E~ S E~ SE~ of Section 8 , T-3 N , R-lOW in Pulask i County, Arka n sas , mor e particula r l y desc r ibed as follows: Comme ncing a t the S E c orner of s a i d Se ction 8, Thence North 02° 10' 28" East a long t he East Section l i n e of Section 8 a distance of 524 .06 feet to the South line of u . s . Hi g hw ay #67 R/1iv; Th ence s 42° 03' 28" West a long said R/W line of th e u .s. Highw a y #67 a distance of 710 .93 feet to ·a c o n crete monument se t at the intersection of said R/W line and the Sou th Section Line of s aid Sect-ion 8; the nce N 89° 56' 2 8 " East along said South Section l ine a distan ce of 456.2 feet to the p oint of beginning, containing 2.7 acres , more or less. It was moved b y Cleo Cavender , with second by Robert Runge , that the ma tter be set for p ublic hearing on Tuesday, September 7 , 1976 , at 8 P.M. and a ll members voted in favor of the motion. The Secretary was advised to p ublish notice in the local news pa per and to advise t h e p e titioner , or his representa tive , to place necessary sig ns on the property . The secon d item of business was the request for final p lat a p proval of Heritag e Park Subdivision b y Hr. Peacock . The City Eng i neer stated that water and sewer p lans met approval, but that a bond sho uld be required on the streets before construction of house s be- gin. It was moved by Jerrel Fielder , with second by Robert Runge that final plat approval be given, subject to the filin g of necessary bond on street construction b y the Petitioner . All members voted in f a v or of the motion . Th e next item considered by t h e commis s ion wa s a request b Bill Ca rpenter for waive r of minimum backyard depths on Lots 224, 231 and 232 ; and a further request for waiver for side yard b ui l ding line on Lot 232 ; all in East Hickman and McConnell Addition , all in order to build house s compatible with houses on Wrig h t Circle. Mr. Owens stated that althou g h the Bill of Assurance does not require minimum square footage of r esid ences in the subdivision, p resent owners all h a ve two-story houses, v a lued at a p prox imately $40-000 ; ~ugust 3 , 1976 Minut~s continued . AND TrffiT THEY WOULD LIKE TO BE assured that adjoining owners of the three lots in question wou ld build houses at least of the same value and of the same square footage. He further stated that Mr . Carpenter has agreed to build one-story houses with the same square footage of the two-story houses; but in order to do so it will be necessary to grant the requested waivers . It was moved by Cleo Cavender, with second by Robert Runge that the requested waivers be granted only on the condition that the building permits to be issued on said lots be of the compatible square footage and value of the other houses on Wright Circle. The requested waivers were as follows; reducing mini- mum back yard depths from 25' to 18 ' on Lot 224; to 20' on Lot 231; and to 18' on Lot 23 2 ; and that the side lot building line .on Lot 232 be redu ced to 15 feet. The motion carried. A request from Mr. Frank Roberts to build an open elevated porch on the f Ro nt of the house at 1408 Stone Stre et, Lot 1 , Block 3 , Eastv iew Sddition , was orally presented . It was stated that the p orch would have no walls o r roof , and was , fo r all practical purposes, to be merely a ra's ed patio; would exte n d a p prox imately elev en (1 1 ) fe e t beyond the building line; b u t th a t open porche s were exceptions to the setback l in es i n the Bill of Assuran c e . It was moved by Albe r t Sidwell ; wi th sec ond by Cleo Cave n er , that pe rmission be g ranted for the building permit to cover the request. The motion carried. The public hearing on the rezoning request submitted by Harry Dougherty was called to order. Proof of pa yment of' necessary f e e and proof of p u blication of pub l ic notice were presented by t he secretary. There were persons pEjiresent who stated that no signs had been posted on the p roperty , as required by law, even thou g h it was the feeling of the petitioner that signs had been properly posted at one time. After considerable discussion of the matter, it was tabled , upon m9tion by Cleo Ca vender, with secon d by Hugene Wooley , until the September meeting. This was done to grant the petitioner an additional one month to post the necessary s 'gns . Prior to tabling t he matter, Judy Ta y lor and her husband, Bart Taylor of 1517 Graham Road; Pastor Sanchez of 1 605 Graham Road; Bill Tack of 1511 Graham Road , had all voiced their obje c tions to the rezoning. The objections were against any commerc ial development in the area , due t o i ncreased traffic , p o llution, drainage problems anticipated by such developments. Pastor Sanchez objected to any Sunday business near the church at the corner of Graham and Southeastern ; this, he stated , would be an interference with Sunday Church services. Mr. Dougherty st ated that he anticipated Graham Road becom ing a 4-lane state highway and that he would like to have his development started within the next year and completed within the next two years. He had no specific plans , but stated that he hopes to build something along the lines o f the shopping dis tr ict on Rodney Parham Road in Little Rock, with p lants, sh rubs and attractive shops . All persons were advised that their objections were noted , and that the y were welco me to return to the September meeting for f urther dis- cussion of the matter. Public Hearing was convened on the rezoning of the property on Spencer and Military Road. After discussion by the members present, and the petitioners, it was s~fd by Mr. Travis that Lots D & E of his petition be changed t~ and that the rest of the area be rezoned Mi_nut e s of. Aug ust 3 , 19 Zi__c::on_t:_:i-nUE~d ._ TO C-3 a s req ueste d in petitions. However, it wa s the feeling .o f the Commission members that a strip of R-1 s hou ld not be lett ~n the middle between two C-3 zones . It wa s moved by Huge n e Wooley , with second by Jerrel Fielder , that the request as a mended be a pproved and recommended to the Council ; and that prior to thenext meeting, adj oining owners along Spencer Street be contac ted to add thei r strip of land to that in the pres ent hearing for a 9hange to C-3. The motion carried. The Secretary was advised to locate the o wne r s a nd mak~ necessary no tice s fo r the change s of the str ip of lots a long Spen cer Street. P roperty rezoned , with e xcep tion of Lots D & E Spencer Estates was de scr ibed i n min 2s of July 6. Public Hearing was coriv.ened t o r ezo ne pro perty mo re part.' cularly :sribe d ~s fdllows, to-wi t: Part of the Southeast Quarter (S E~) of Section Twe nty-N ine (29), Township Three (3N) No rth, Range Ten (l OW) West Pulaski County, Arkansas, more 1 .rarticularly described as follows : ,.,v~-"' ·~"a/' 1:1._ ~ ~ Start ing at the NE corner of s~i d S E~; thence South 00° 37 1 wes t 102.05 fe et to the point of beginning ; thence c ontinuina south 00° 37 1 West 450.12 feet ; t henc e North 89° 2 2 1 55" we s t 229.84 feet ; t hence South 00° 30 1 15" \~Jest 100 .02 feet ; t hen c e Nor th 89 ° 15 1 55 " West 9 8.4 f e et; thence south o o0 13 1 4 0" live st 19 7 . 2 2 feet.; thrynce 1 Sou~h 89o 40 1 40" Wes t 320 .23 feet; the n c e Soutn 01 24 30 · West 501.0 feet ; theace No rth 82° 47' 20" We st 638 .0 f e et ; 0 the n ce North 04 06' 50" East 200 .0 feet6 thence Nort.h 82 47' 20" We st 200.0 fe e t ; t henc e No rth 04 06' 50" Eas t ~,11.9 feet ; thence North 88o 5 2' East 497 .69 feet ; thence Nor~n 02° 11 ' west 2 06.0 feet; t hence North 88° 52' East 1 14.140 feet · the nce sou·th 01° 0 8 ' Eas t 145.0 feet;thence North 88 52' E ast -581.33 feet ; thence South 00° 37' West 50.~ feet ; the n ce sou th 89° 2 1 ' 40" East 230.14 feet to the p o1nt of b e g inning, con tain ing 30.97 acres , mo re or less. 'P'1 e '1, 1. tion wa s t o rezone from R-0 and R-1 to R-3. Bil l .Cook read a statement objecting to Denni s Lock partic i pating in any way in the p u b lic hearing due to his association with the Petitioner , Ba r t Gray . Dennis stated tha t he fe lt that by r elinquish ing his r ight to vote , he had to right to part ic ip ate in a public hearing either as a citi- zen or an i nterested party ; and that he had p ersona l l y determined i n advan ce t.hat he would absta i n from any v oting . The Chairman r uled that he woul d be allowed to ass ist with a ny ques tions th at wo u ld normally be directed to the Petitioner. Mr. Croxton of Ray Road , stated that when he bought his l ot, i t was his under stafiding t hat all future development in the a r ea woul d remain single -fam i ly resi- dential. Reed Williamson stated that he had been a property owner of adjoining land for more than 25 y ears and that although he h a d raised no prior objections to change s in the area, that· he had reached a point where he did not want h is property further dep reci- ated b y a project of this magnitude ; he further obje c ted to the insurmountable traffic p roblems that would b e caused to Southeastern Avenue by g r a nting of this request . He, togethe r with Mr . Cook , stated t hat Mr. Gray had not been a good neighbor in the past; i n that Mr. Gray ha d faile d to properly mow and clean the are a as r equired by law. Mr. Crof t o b j ec ted to any type of renta l p roperty being built in the a rea in question. Minute s of August 3 ~ 1976 Continued Dennis Lock explained because of the easement? a~ross the property for sewer and gasline s that d e velopment was d1ff1cult to plan; a nd that they would need to adjust for these things in the development of s ingle , two and mult i-f a mily units in the area; that they did not p lan a total utili zation by mult i-family units in the area . Daisy Olso n asked whether or not it would be possible for the petitioner to draft a plan showing proposed areas where single-family , duplexe s and multi-family units could be placed , with the possibility of preserving the perimeter for single-f am ily . Hr. Lock stated that a p lan could be drawn and would b e within sixty da y s , or that the Petitioner would withdraw his request. Whereupon Miss Olson , moved that the matter be tabled for two months, and be reconsidered at the October meeting. The motion was seconded b y Jerrel Fielder and c arried by a majority of the vote ; Dennis Lock abs tained . It was agreed that the Secretary would remind Judge Williamson of the continuation of the busines s in time for the October meeting . The City Engineer was advised by the Commission members and the Chairman n ot to issue any building permi t s in Overlook Subdivision until a bond is p osted for the construction of the streets therein. A reques~ to approve Prel iminary Plat of Northlake Subdivision was p-res;~nted. A memo from Bil l Owens called attention to th e wa ivers i-7hich· were being requested by the owners . He further stated tha t {here would be a definite problem in r e ga rd to drinking water in the area , un le ss t he council is able to r esolve it at the nex t meeting. Affer study by the members, the followi ng motion was made by Hu gene Wooley : "Th at P r el iminar' P lat ap p roval be given Ti t the r e q uirement --t h a t s idewa l k s be built on b oth si es of Oneida St reet , o n b oth s~d es of Northl a ke Dr ive, tha t sidewa ks b e require d on o ne side of Turkey Trot L an e, Kodi a k Lan e and Ricky Racoon D r i v e~ and t ha t curb a nd g utter be wai ve d o n bo th s ide s of On eida S tree t onl y on t h e u n d eve l opa bl e p ortion (approxima t ely 1245 fee t ) but be r e quired o n a ll p arts of t he street whe r e co n stru ction i s po s s'ble." Th e motion was se c onde d b y Rob e r t Runge , a nd c a rried by a majority vote . Jerrell Fielder abstai ned. Mr. Charle s Randall of Me troplan was p resent and stat e d that he had rough drafts a vailable for the mem be rs o n the upd ated p l ans for Mas ter S t ree t s , Land Use and Commu ni t y Facilities and would make them a v a il- ab l e fo r membe rs s t udy . It was a g reed to have a spe cial c all me eting on th e evening of Augu st 24 a t City Hall, b eg inn i ng a t 7:30 P .M . for the purpose of s tudy i ng the new material . Th e re being no f ur t her business the mee ting was adjou rned. Th e Plan n ing Co n mi sia n held it s re gu l a r me e ting on Tucsday 3 S np t embe r 7 ~ l 9 76 , at Cit ~ HalZ J with the fol l o wi ng pe~sons in attend ance : T. P. White Ch a irman ; Cleo Cave nde r , Jerrel Fielder 3 Dennis Lock 3 Hu ge ne Wool e y, Robert Run ge, Don Boshers. Dr. Al ber t Sidwell. Da isy Olson . Bill Owens. Nancy Gerren. Mayor James Reid 3 Harry Dou gherty. Dr. J. W. Durham. Bill Ta c k , Bill Cook , Reverend Sanchez , Judy Ta y lor. Jack Reveille. Mrs. Tolleson . Hank Shield. O 'Sullivan Ca rlt o n . Les Mattingl y. Mr. & Mrs. Wa y. Norma Distler . Mr . & Mrs. Ri ggle~ Sam Holliday , Allen Bond , Mr . Me r dink, Glen Go lden . Isab e l Ederington . and approximatel y 25 oth e r interested persons . Th e meeting was called to orde~ at 7:30 P.M. by Ch a irman White. Minutes of the Av gust meeting wer e approved b y the me mb e rs present. The first item of business was the pending determination to be ma de on the property between Highway l6l and S pencer Street. Miss Olson re p orted th a t it had not been possible to c on tact al l dwners af f ected, but tha t the one s contacted. with the e xception of the City of Jack- sonville. had h ad no objections to ~ezoning to C-3 ; whereupon she moved that the matter be set for pub lic hearin g at 8 P.M. on Tuesday. October 5 , with the stipulation that she would get personal notice to owners in the interim of the action to be t aken at th a t time. The motion was second ed by Jerrel Fielder ., and a ll members voted in favor of the same. Ph a se III B. Stonew al l Subdivision , Prelimin~r y Pl at was submitted. It was det~~mined that it .conforms t o original la yout; whereupon it was moved by Robert Runge with second by Cleo Cavender that the p l a t b e approved. The motion carried , with one abstention. PHase VI. Eastview S ubdiv isi on, Preliminary Plat was presented. Bill Owens stated that the Stat e Health Department would probably have some objections to it, but that otherwise it met necessary requ ir e ments. After st udy by the members, it was moved by Robert Runge with s ec ond by Dr . Sidwell, that the same be app r o v ed J with waiver on si dewalks o n the coves, with requirement of sidewalk en Nina Ci rcle and that it meet a ll st ate health department requirements. The motion carried. Jerrel abstained. Pu blic Hearing was convened on the request to rezone the 6. l6 acres on Gr a h am Ro a d and Southeastern. requested by Harry Dougherty. It was re po rted b y several members of the P l anning Commi ssio n that signs had been observed o n the property for th e re quired length of time. Proof of publication of Notice and payment of fee we re agai n noted by the Chairman and public hearin g was declared to be open. Bill Tack . the reverend Sanchez, Judy Taylor. all reiterated the objecti ons which had been made in J uly. Pet-itions were presented containing 68 signatures in opposition ; and l6 in favor of the request. S ome of the s ame signatures appea red on both sides of the issue. All persons attending in opposition to the commercial zoning seeme d not to obje~t t o resi- dent ial develop ment of the property in question. They fe a red additi - on a l crime resulting from commercial p l aces to con grPga te in wha t is now a quiet., low-crime rate area. Pas tor> Sanchez obj rwt ed generally to any commerci a l developmen t which would interfere with church ac- tivities; but especially to any lcoholic sales , in the event the area becomes wet; and to all n ight service stations. Neither of these would be allowed by the zoning requested. / '-'U Mr. Dou g he r t y st a t e d th a t h e h a d si g n2 t ures on hi s pe tition r e prese n ti n g th e o wn ~r s of 80% o f th e a rea from th ~ carn e ~ tn L a.u ~e z st~ee t . J!.Ft eY> (' r r:>c e s8 . th e C o m "7 is r ~·n n ro.c cn1 'e n ed to ~on siil PY> tlv? m1 tter . Dr. Si il we ll h~d l e ft d~r i na the r ?~e ss. Mo t i o n ~as rrta d ~ h :~ r:le o Ca uon ri e r ~ith Po.cond h v Ro bert Ru n~o th n t t ho. r eq~e s t b e re c omm e n d ed t o the Co v nc i l fo r a p pr o v a l . A ll me mb e r s vo te d i n fa v or of the ~0 t i on . It wa s n oted t hat a ne i g h borh o od s hop pi n g are a had been r eco mmended in t his gene r2 l aY>e a o n t h e C o~n r eh~n Hive De v elo pme nt P l a n n o w vn de r st u d y b y the Co mmis s i o n. Th e Pub li c He a r1:n ; ua s con ven e d o n th P r"n n fn :de r at 1.:o n of th e r P!"f'II?.S t t o r e z o n e 2. 7 a~"res for Ja c k Rev e ilZe J a t the c o rne r of T. P . Wh i t e Dr~ve and No rth ea st e Pn Av e nue . Dr . D ~r ham re n d a Pet i t i on t o de n y the r e~~eP t. fA eo r y o f the same i s a +t a ehed h ~r e t o an ri mad e a p art h eY>O.O (n o t in ~in u te b o ok ~ b u t in p o rman en t files). It ~"Onto i ned t he si g n a t u r e s o f app r n xim c t e l y l40 p e~so n s ~n the a r ea a ffec t e d . All the pe r sons a pp e a rin g in o p p o si t i o n to th e re ~ue st r e it er a t e d the s e n t iment s of the Peti ti on i n t hei r s t at em en ts a ga i ns t t h e re que s t wh i ch we r e g ener a l l y t o t he effe c t th a t they l o s t t he i r s e eu~i ty when t he i r homes we r e d eva l ued b y c h a n g e s i n the neighborho o d . Mr . Reveille count e r e d with a p rivile g e t a ~ e e p a i d t o th e Cit y for n 11mero u s y e a rs for t he ope r a t ion o f a t elevi si o n repair shop on the spo t in que sti on. He sta t e t h a t he in t e nds to ~l os e t he s h op a n d s e ll the pr ope r t y . Mr . Mattingl y s tat e d t ht it was hi s in t en ti on to bu y t he p r opert y ~ in p artne rs h i p wi th Hu b e r t A l e xand ~r f or the pu r p o s e of o p e n in g a convenien t f ood s h op. He st a t ed t h a t there we r e ap p r ox i- ma t ely 20 ears s i tt in g on t h e pro p ert y; t h a t it h ad b~en u sed for y ea r s a s a g arage > and th a t th e fo o d store would en h a n ~e r athe r t ha n d ete r i - orate th e s u rro und i n g a r e a ~ from th e pr e sent u s e . Mr . White ex p la i ned t hat t he TV r e pa ir s hop c o ul d h a v e cont i nued s o l on g a s it r ema i ned i n ope r at io n ~ and th e l i c e nse s wer e pa i d ~ but t h a t this fo rm er u se d i d no t au t h o riz e a ch a n ge i n th e f utu r e us e to a p ermanent commerci a l us e of a ri i ffe r en t cha ract er. It was mo ved b y Jerr e ll Fiel de r to deny t he re ques t ~ b a sed u p on t h e f o r me r d e cision o f th e P l an n in g Co mmissi on not t o extend th e comm ercial zo ne a ny f u rth e r up t o T. P . Whi te Dri ve. Th e mo ti onwa s s ec onde d by Den ni s Lo c k . Miss Ol so n no t e d tha t t he Co mp r ehe n siv e Deve l op me n t Pl an un d e r stu d y r e c o mm en ds n o furth e r c omm e r c i al 3on ing in t h e ar ea . T h e mot i on carried . Ther e being no fur th er bu siness the me etin g was ad j ou rn e d. Th e J a c k son v ill e Pl a nnin g Commi s s i o n h e l d i t s r egz1 l a r me et i n g on T ue sda y " October 5 ~ l 9 ?6 ~ b e ginnin g at 7 :30 P .M. in Cit y Ha ll wi th the f o ll o win g re ~son s in a ttendanc e : T . P . Wh i te 3 Chairm an 3 Da i s y Olson 3 Secretar y ; Cleo Ca v e nd e r , J er r e ll F i elder ~ Hu gene Wool ey ~ A l b ert Sidw e ll ~ Da n RoR h e rs . De n n iR Loc k , Na nc y Gerr ~h 3 Ma yo r J a me s Reid ~ J u d ge a nd Mr s . Re e d W i lli a m s on ~ Bill Owens~ Rart Gray , Mike Abdin , Pa~z Allen 3 Mr. Cro:t and other persons interest~d in rez on in g petitio~s. M i m tt e s of t he S e p t e Y>? b e r m q e t i n g 1,) e r e co r> r e r: t e il an r7. apr r o P e d . The Pr n liminary Plat plan a ni Bill of Assu~ance of Pin~ Cove Addition 0ere submitted. The ~?at contained 11 lots , and was accompanied b~ n ~70.00 fee ard a letter requestinJ sidewalk ~aiver. It was determined that the rear of +he n lat abuts the city rar k ; ard that an easement bc>hJe c~ lots .should be >'")rovidPrl f er a 1Jalk?7 c:;. !J.fter studu hy the mt?>r'-- her>:-' nr>p_,c;c'"!t _, 1:-t •1a.c: r:?OVPO h.1,1 ,feY'Y't?lZ P1:eZrJer -t-hat a .n!"'Y'O?J07 of thr> plat J-1c ;p>en 'i;'·'"n tho. fol 1.~7,Ji'"." C01"'?1:t1:~-;-;.s: thr-t rr_n e ar·-:>mont be :"Y'"')1:dr-,d fr0m the ~'tl-rlc-~rr_c to thP pa rk pronerty fnr a walkwa~; that sidewalks be prov i ded on one side of the street 3 with a continuation of the side- walk throu gh the above-menti c nP-d easement; that the de ?•eZoper maint a in the :'a·pe·7 O"'r-W nuts id e C''rb lh·-dtn of the str>qpt : an-1 f '1rt l1 pr>, that +;hce n[J('r ."'J07 1,p p·;llJjA c>t tn 'l.ppr07)'77. ,_P +:h c Puhl1:c 1-fo.l'f.lth 'lejlnY'tm:>Y>.t. Th o ma tiM7 7,1a" SP"'C •1 ded hy Hu ;;eno ft10olo:~ .. a"'ct c.l1. mo.mf.er .c; ~Jni:.-?1 ·-q~ f...,vor nf thr~ 8/'f"!C. ~~ J\1~-~· Tl,,., Bar>t Grn:l Y'CO'!I'St f r;>Y' -v>R20r>1:n a.J1i on+i.r:!Pil Prn "" ·the Aun,,c-f; rru:;o.t1:n '~, ~ [ .._ .... .. ... . . z,JOP ~on'l ';r!C?. i-1 '~. i.Jh1:+:o y>o ,__"7 '1. lPttP ~ frC'm Nr>. t;r>'J)l 1:n ,,,h1:~h hP ho?. mn1e +hp .foll0 1·1in ;r _...OI""[''~o·'11:.C:e jr>nr-1 h1:.c: OY>i C'1'nrtl r>:'"?''".st: "That thP-p r>nre"'t 7) East of the ~as line r>as?mert sh01lld ro.main in itc preso.nt clarsifi~a­ tion , and the prnper>t y West nf the gas line easemr>nt be rezoned from R-l to R-:i . ',. fie had at t '7 c he d to hi .c; l e t t e r a Z .9 7 (} t Y' a f f i c s t 11 d y nhowing Southeaster~ t~ be a street carr y ing fewer> than ?~000 nar> per da y. His le*te~ also arrued for the c ha rge to pYioviile homes for loweP-income ·17.mil r>s ~ho crnnot at this time aff0rd single -family homes. ,JudJe Will-z:amson disruted the troffirJ cm1nt y b 7 1t ins1:stPd th--r.t riur1:ng the peak per>iods theY'e were considerably higher> loads on Southo.asto.rn than indi,..,ated by th e st,J..riy. He f u rther iterateil the fact that add.1:- tio na l building , esvecially of multi-family units would increase the load on Southeastern , since th is was a much more accessible aY'tery than Stanph1: l. He ,,Jent on to state that th 8 ne>ighhorhood 7<JaB a quiet_, settled one of single family units ~ and that an apartment comp l ex would mean noise ~ profanity, dY'inking and a c r i minal element that 0as unde - sirable to the settled attitude of the re s id ents in the area . Dr. Sidwell interrupted to state that he felt this was an unfair argu- ment~ made wit hout evidence; that one CO!£ld not assume pe o p l e hlho live in apartments are any different from those who live in their own homes. During the d is cuss i on which insued it became appar e nt that nearly evePy- o ne pr>esent hat at one time lived ei t her> in an apartment or in a low- cost home. Several persons present made strong arguments against the proposal because of the traffic conditions. The Commission members were in agreement that traffic is a problem. However' Jerrell Fielder' called attention to the fact that traffic must become unbearab le before it is corrected; that i f no furth er development occur s in the area in question, that the traffic condition will remain exactly a s bad as it presently is; however', if the area is fully developed then the traffi r , CONDITION WILL HAVE TO BE CORRECTED TO ACCOMODATE IT; th a t str e et p r o bl em s ' cor recti ons always follow after developme~t rathe r than before. Mr . Fielder wen t on t o state that he f elt the int e rse tion of Military Road and Stan p hiZ is the mos t hazardou s i n the city and that imm ed i- ate st u d y sho u ld he made to corr e ~t it. Bart Gra y stated that there wo uld p rob ably 80 more families in th e area b y utilizing multi-famil y development than there would be by develop in g into single-·amily u se. Dennis Lock reminded the members t hat if we were going to follow the Comprehensive Deve lopment Pl an for a ~om pa ct c it y, a s recommended by Metrop l an , we were g oing to have to h a ve mo re multi -famil y h ou sing. Mrs. Mar ie Benson stated that she fe lt Mr. Gray h ad been fair ~n h is compromise , but felt that th ey needed some g uarantee that he wo u ld no t renew his re que st for the o ther area to be changed to Mu lti-Famil y. Whereupon Mr. Gray stated tha t he def init ely wou ld not be back within th e next three yea rs to make any rezonin g re qves ts ~n this arAa. Tt was moved by Jerr el Fielder, with sec on d by Dais y Olson that t he re ~uest be app roved and s ubmitted to the counc il for the chan g e in zoning. Upon vote be in g called, one voted ag ainst, two abstaineri and four voted in favor of the motion. ~he Chairman declared thai the mot ion had carried. There u po~ Judge Williamson stated that th q 0ppone nts would av p enl th e decirinn. The Public Hearing on the rezoning of property situated betwe e n Spence r Street and Old Highway l6l was convened . Mr. Paul Allen was present and needed the clarification of the effect to his lot s wh i c~ ore sit da t ed on the nl.l ~ig hwa ~. No 0r ponen+s a ppear ~d . May~r Re i ~ stated t h7t t he Council had been ~onf~se~ as tn how t he y acqv~r?? titl e t 0 th e th"'f'ee lo t n sit:wtr:;d w1:th1>r th e bl c cv in r;u-'"'sti n n ~· ,nil had t~e~ef ~~e. radr no wec nmme~da ti o~ a s t o th e zoning. .t was ~ovc~ by Pugene Woote _'f, n itl-· sec o nd b y J e~r e l1 H'iel?cr t;hrzt the propert;J i n ques~ion hr rea 0ne ~nd tha~ +hiR recom~e nd n ti on go to th e cou~c~l. All per sons v o t ed in fa "o r o f the mot i o n . J e~re 7l Fi e l der a s ked ·o"'f' ~larific a tio n o n the d•(t ie s of the Plan~in g Co ~m i~sion. He s tated that he elt th a t i t was a was t e o f t i me of th e me mber s of the Pl anni~9 Comm issi on to hold pu blic hear i ngR on Pe- z on in r q u estion s ; if it z ere r oin g to continue to be the po lic y of th e Cit y Co un cil t o hold on e ~ two or thre e p u b li c he a rin g s; hea"'f' the s am e ·pe rs ons with the g~~e a rgvments which had bee n he a rd by the P1a ~­ ning Co mmission; and be ~ore influerced by the p atro ns who c ame to the Cou nc il mee tin g th ~n the ~ w ~re by the reco~ne ndati o ns o f the Plan ~in g Comm~ssion on questionR of we -~oning . He s re med to sa y that the Pl a~n i ng C om ~issi on sh ou ld ma k e a determination a nd a r eco mmen- dation and then let thP City Coun cil hold one p ~'b l 1:c hear1:ng to make // u i ts o zJ n inal determina ti on . Mr . White s t ated that there had been a t1:me when Plann i n c Co~miRs i o n members could feel the s up powt o f th e eou ncil i n their deceision s~ a n d it seemed wor~hwhile t o st udy ou t the sit u - at io n , list e n to the a rguments , s t and th e humili a ti on of a firm con - v iction to do wh ath you th o u g ht was right; but that h e a g reed that if . / ., we could no longer count on any confidence from the Council members, it was hardly worth our time, effo r ts and the possib ility of losin g friends and customers to make decisi on th at were go ing to be ove rt u rned a s soon as objectors got to th e council meetings. Mayor Reid emp hasize d th e fact that he is proud of the Planning Commission an d has alz ays upheld their de cisio ns. Mayor Reid stated that flashing and portable signs are getting to be a hazard to traffic in the city; and that he wanted confirmation from the Planning Commission that they were a violation. It was the opirion of the Plannin J C n m~ission membe~c tha t the law prohi biting them sho•,ld be ~nforced. It wa~ moved by Don Boshers, with second by Jerrell Fielder that th e Mayo r notify the v iolater s that they had 30 days t o discontinue their 'tse , or that they would be prosecuted~ citing the proper o rdinance under which he was advising them; the motion carried. Upon motion by Cleo Cavend er , the meeting was ad jo urned. The Jacksonville Planning CommiRsion held a meeting on Tuesday, November 2, l976 , t ?:JO P.M. at th e City Hall J with the following pe rs on s in attenda-vz.ce. T. P . White, Chairman; Cleo Cavender, Jer~el Fielder, Hugene Woole y , Dennis Lock , Dr. Albert Si~ ell , Robert Runpe, Dais y Olson, Nancy Gerren, To mmy Bond , Bill Maloney, and other guests. The only it em of business b r ought up for the e~eninJ was the request to all o w permission .to pla~e gas pumps on the parking lot area of Wal- Mart. · No pe rs on was present on behalf of tho pet-t"tion. It was moverl by Robert R u nge that the matter he delayed for on~ week . until the tine ~et for the ne~t neeting, to ~llo1 the members ti me to becom e better infc~med as to the request. It was also stated by the ~h a irman that John ~ow and Bill Owens sho7tld be re q uested +o conp i le nati o footaqe nf h•tildingR a nd par~in ~s . toaether 1 ith thei r recommendations in the matter. The mot1:on ''as seconded f)y Cleo Ca v •mder and all mmnbeY'.S present voted in favn~ of the .s a mA. It wns further .su r g c sted b y the Chairman that ~embers cons ·•lt with tho City R~g i n~er an~ Tnspection De ~a~tment in 0 "'0~~P o f the ~r cti~1 t o lPa~n their ~h;~kin -~ea a ~d~n g t h P. r e q z ~ r " + _, It '·,aP f'"r>thl?~ m011 o,rl th rd; Ut' (1 ,..,-f'o -v> t'Ver ·,t-n~·-,AC els" u'~til tho meetin" Pe>.t fror lJMJpmb o ~ 9 . Tt nas stat prl_ b y thp "'ha1.:n rnaYI th a t the rl~l-Mart matter had previously been set wit~ the out -of-town petitin~er and that it h a d been impossible to lo~ate hi ~ and not ify him of th e ~h ~n g e in mo o t1:ng ?a.te.c;. Tt zJ a s alBn aSS'tm c•i th a i: nthen persons hmJ1.:n;r h11r~1:ne.ss t0 brin g befo n " the rerz,zar ~p o tin~. hnd ~n en n c tifie(f nf t~n n h7n ~o of meetiYI.'J r~1::·ht .~ r nd .,o z_,l? th e ne _P 0 r -~ h .:>c 'P hu~i n ers r,r>hed•,Zer! _fi"J" +.h n 9th. Thl? mo+1:nn h n ? ''eo n m ad~ b ~' Ro bPrt Dw ·reJ .c;r~d se"'or.df'rl h).J H7'"7 " e F0 oley . The n n tion ,...~~n;ed. The Planning Comnission held a specially set neeting at 7:30 P .M. on Tuesda y~ November 9, l976 3 at City Hall ~ with the following persons in attendance: T. P. White, Chairman; Cleo Cavender, Denni s L oc~~ Hvg~ne Woo ?cy. no n Boshers_, Rob-3rt Rzmge, Dr. Albert Sidwell, Daisy Olson, Secretar y; anil Nancy Gerren . Tomny Bond, l1ayol" .Tame .<>; R~'>1. d. Minut es of the o~to~-~ F, Z0 7 mcet i nq z er ap rov e~. ¥ovember 2. l976 ~eet in g were corrected a~d aprroved. MinutPs of th e The first item of business was the request from JameF A. Huff for a 8e 1.f=service station t G be located on the Wal -Mart Sho ppirz.g Center parking lot . It was determined that the p eti t ioner would be a bit late; and the matter was thereu on passed to the end of the agenda t o ~i ve him a chance to be h ear d on the matter . A letter from Tommy Bond was read by the Cha i rman. The lette r was re1uesting final approval of the Final Plato· Phase II I A Ston e wal l Subdivision and stated that all utilities we re in but had not been accep t ed by the city. The ~equest was th a t the commission approve the p l.at subject to ac ceptance o tht? stY>eetP, water , sanitar;1 .qezJex>· and stoY>m draincgp by the various city ~epartments for maintenance. After study of the plat and consid ration b~ the members) it was moved b?' Hugene ,_,nol e?; an~ Hr:>conilPd by 1?obeY>t PunrJe that the plat br:> accepted 11pon the abnve Pto:ted r::ondit1:ons. Th e notion ca-v>ried zma nimo us l.y . A reauest to .c~et rr p7!bZ1:c l"ear1.:ng • or the r>e .?.on.ing n.f 8. 9 acY>e. lncnteil n_r:3 x +. to J C'" t:' k s n '1 v 1: Z l e J" n in r H ~· '] h 8 chon Z S ro '~ t h to r: --.<, c 7 a r> .cd f 1: cation , was rc>ari b:; the> ~1--vu:rm!"fro. Tt •Jas a Y>Aql i RBt h?_! Bi1.l MaZone;;, :1oine1 in h;' +ho P·d11sb: rn :,~+y Spc>cia.l s~hrol n~·s+Y>ict_, the pr>esent o1mcr. 'Vfr. 0. fv. Tayln-v> of +h,-, S"hool TJ istr-i,-.t stated in h1"P 7.(JttAY> that Mr-. N!o:lone;' ha a contY>rt~t to "{'"rcru;_,<>;.s th1:R !_"'Y'npp:nt?; cnndit~·o,"eri uron rezo"V'ing for> ile~e7opnent rvY>~oeeP. Mr. MalO"V'R'.:J was ~resen t and prgsPnted a p r-oposed d VPZopment r 7 (7_n -~hc:J1 ,J1",n:~ ~motel., Y'~Sta:!ran -':;, Y'(?+/dl !'11(T 1 e +~ '7.'~;; cron- e Y' r 7 7 :::I()"/ i: . T J. '',.. :' 11' ()"' (? ,.:{ 1--. :.· 11" .~· e 'V' C? f,J (J /) 1 Q ~I ,.. '1.(7 n ., _.,,.., Y1 ;J ·8 ,.:{ h :l (' 1 '"' .--, r'rcu--n-L -.-n thrz+ +."0" """rJ+.+rr h"' .<>, .,t P f'-v> ,""1; ?1: c: Mo ,..r in ;; /Yt P P.M . , on 'T'7ic>C:- ;J/Y 1),.,,.,.-h .. -~ 7 . 'T'he c; ... --.-nc>.t n r>y .,,..,.. rr~''i PP] +n n"hl.1:"1n r>Ot?:ce rn d the neh"+i.nne'~ ·v'e "dvi~rori +.-vla ~e neceSS"Zry posters on the propertu ad- er-tir ~ng the hear~ng. Mr . .Ro"~--z pr es enteA a lettor "'1)"''~ +he ir ,·w t"'re nf '~11/"f'YIO R.8£Jl rer;·,e.::-tiVI ~ ::> •" h o h : l f' 0 f R i " 0 a "Y' --1 L . .J 0 -n r> ,.. , -1-h ~ Y1 e z ,... -n "~: !! rr 0 f T (1 +; 7 . 8 1 n c: 7< ;> R 8 + .., i: 1: r; 11. r; "VI(')' J70 ,:/ 8" f) ri i 71 ~·-S '/:,.) YJ ( n VI'/:::~·. 10 r 7 Cf' /" 1 ) "J1. Q f J I'J. r' 7~ ,q 0 '(;" _,• 1 lo (" "l)~ ,.:{ ~· C' 1: f3 1: r) 1° ) f: () ("'-p , Tl 011 ;-r'lf-1.0'" b ~· r1 oo r;ry"P'"rio-r ~PC'O'"'(l 7~-T)r)-v> f.!nr1~"'Y>!' +hp "'?e.,be-v>r 1Jntc>r7 t n ""'f ~::hl~·-~ h "'(l YI~·n,.. f ... YI R v _1.1 . 7'7.!C."ri :J:· n,-,'"'?Y'17~r:>Y> 7 . T7"e E'e'"'r>r +nY>y ,_117 n ,..,i"'~·no_-'l +~ :'"·~---,1~:."0 ,_:)t~·,_,,_, ,..,,,.:J '1Y>. R:''YI?_ ?J"." rA,,~·,...,,1 +n e>t>p .J..'0_a+ ":) n :: + p "',') .s 1 .. (? 'Y) ~ (' 7 -(! r il n Y1 + h r "Y"' ~") r :" {' ... !') + T/ r ., ~· '"rr V)., r /> 7~ !"? rl t 0., ,., 'VI rl "f -:-?, (? 0 ;r p '" ,.:j a , + 0 rn rr +. + c> ._... '~ t:> ~ 0 r d ~· "V/0 t 0 _; -:--' z rr c ~:-71 (! ,f a ~0n s+a+i,.-,M nn ~al-~7 r+ qh np~i~~ r,-,~+~r paY>~in ;r lot UaP c~lleri. 0Y>. Tn mm:{ Thc~rRQVI r?~Y>oRentinn the rq+itin~eY>, d "'B~Y>ibe~ the type nf hu.sinc>sP to hP pla,eil th-"'reorz. .. strztin .7 thot it 1,J011ld o ccup1' rr tntal a rerr of :Z-0 1 h?f 64 1 , -;_,_.1.d ul07ild .seY>lJP n mo.;r:"~:m "l m 0[ 8 co:r .q at nne time; +;h,pY>ehy d i .'3 p l a c 1: ~ J a to t rz 1 ..-. f Z 2 :;; rr. r k ~·-11 ;r .g n a c ,., ·"' n o 7l .<>; e Y' v i n .7 t "h e "u P t r; m , ._, .s n +' t h « .shOJ'Tli·..-,0 r?onten. A z~tter [r0~ the City gnnin~e~ had fo~~e~ly bqen rend by the Chair ~an, in ~hich Mr. nwens hal stat8d t ~a t the shoppin1 center ',)QS nlrt?ad?J 6l [lar kin :; S)IClC 0 S sho rt f or the amo'mt of" d evelopment of shops -t n the C'entcr>. It 7·Jas further deterrrdned that the or1"-(Jina? cle?Jelore>r, G('.nr:ra l Propertic>.s , Inc ., had f n il ed to p l a c e the aq reod additional l~6 pa r>kin g s p ac e s at the northwe st corner of the c~nter. It was felt b~ th e commission membe rs that this condition would have t o b e C'orrected bofore any fut ure shops c r bus in es ses co?~ld be nlaced in the a rea . It was moved b y Don Boshers with BeC'ond b y Robert Runge that the request to a llow a s e lf-s c rvi r'e ga s s t ationJ a s described by th e lit e r ::du re of the p et1:tion e r , be c ranted ; subject tothe followin r : that it be placed in the ce n ter of the pa rking a re a, adjacent to Jam e s Str eet 3 th a~ the required l26 park ing spaces be c ompl eted by the developer> o r th at said developer furnish to the cit y a bond , a cce ptab l e t o th e City Engin ee r , which bond would guarantee the performance of constr uc tin g th e r equ ir ed parkin(! spaces . The motion c a r r ied. It was agreed up on motion by Don Bosh e rs , s eco nd by Hu ge nA Woole y, that a letter should be sent without delay to the d e v e lo pe r that this re qu ir e men t would have to be met before an y f vr th e w deve l op - me nt co u ld be pla~ed in th e shopping C'en ter ; and that ) in fact ; that they were alre ady in vinlation ~ and would have to Fomp l y if the y wished to Fontinu e nith th e f ul l capacity of the shop s now occu py - i n g t he location. Ma y or Re id stat ed that his office would prepa re the letter for Mr. White 's approval. Ther e being no fu~ther business th e meeti n g was adjourned. JACKSONVIlLE PlANNING COJVJMISSION DECEMBER 7, 1976 The Jacksonville Planning Commission held its regular meeting on Tuesday, December 7, 1976 at 7:30 p.m. with the following persons in attendance: T. P. White, Chairman; Cleo Cavender, Jerrel Fielder, Hugene Wooley , Daisy Olson, Bill Owens, Nancy Gerren, John Smith, Claude Brasseale, Jr., Mayor James Reid, Dr. Albert Sidwell, Tommy Bond, Bond Boshers, Robert Runge and Dennis lDck. Minutes of the November meeting were approved. Dr. Sidwell complimented the writer of the letter to General Properties. It was reported by the Chairman that the request for the service station had been withdrawn. A letter from Winrock Home, Inc. was read by th.~ Chairman. Winrock had requested waiver of setback on mnrerous lots in Woodbr:j_er so that F .H .A. and V .A. loans could be obtained for the sale thereof. It was also stated by Mr. Brasseale that tne feet could be added to each of the lots 37-47 on the rear thereof and this would eliminate their need __:for the waiver thereon. He stated that power lines were already in behind (Yost (._31 ; 38 , and 39; but that if necessary they would pay for relo ~ing these lines in order to obtain the additional footage. After study of the rest of the plat, it was moved by Don Boshers with second by Robert Runge that the requested waiver be granted on alr lots with the exception of lDts 3-6, Block 7; and on lDts 37-47 along Woodbriar Drive. In other 'WOrds, that the ten foot setback waiver be allowed on lDts 48-62; IDts 67-72 and on lDts 91-130. The motion carrie d. There was one abstention in the vote. Public hearing was \c(6~_SJ. on the rezoning of the School property. · Proof of notice was presented-toge ther with receipt for fee having been paid; and it was determined that signs had been posted the required period of time. Dr. S>id:.vell objected to any plan which 'WOuld add additional traffic to T .P. White Drive due to the terrific bottleneck already existing there at certain hours during the day. Mr. Mahoney stated that he was 'WOrking with the State Highway Department in determining proper openings there. Mr. White stated that it should be up to the City rather than the Highway Department to preserve proper traffic flow within the city limits. Miss Olson asked for assurance from the School District that it no longer needed this land for school purposes; but since there was no one present from the school district to answer such questions, the matter was left hanging. Mr. Mahoney did state it was his belief that the School Board had determined that it was surplus property and 'WOuld not be sufficient to build another school for which they could get federal matching funds. Don Boshers moved that the request for rezoning be denied. The motion was seconded by Cleo Cavender and six persons voted for the same, three abstained. Robert Runge stated that he 'ahd abstained for the reason that there was not sufficient data presented to1TI~e proper determination; and that the school board should have had someone present to explain why it no longer needed the property for school purposes. '''1 I I () JACKSONVILLE PLANNING C0Ml'1ISSION DECEMBER 7, 1976 PAGE 2 The request to rezone the lot at the corner of Second and Mulberry was presented by Tommy Bond. Proof of notice, receipt for payment and fee and detennination that signs had been posted required period of time were all noted. No one appeared in objection thereto. It was generally agreed, C-2 would be an im- provement over R-4 for the corner so close to city hall and across the street from other commercial developrrent. It was rroved by Dennis Lock with second by Robert Runge that approval of the request be recommended to the council. The rrotion carried. There qas one abstention. A sketch plat of new development in Foxwood was presented by Tommy Bond. After studying by the members present, it was rroved by Robert Runge with second by Cleo Cavender that the sarre be approved. There was one abstention. The motion carried. Replat of Lot 16, Block 2, Thompson Addition was presented; and after study by the members present it was approved upon rrotion by Hugene WOoley. Seconded by Daisy Olson. A letter of resignation was read by the Chairman from Jerrel Fielder. It said that there appeared to be too much conflict of interest in holding the position, and therefore he felt he .should withdraw from the position. Mayor Reid asked persons with terms expiring to contact him about reappointment. Upon rrotion by Dennis Lock the rreeting of the special study group was postponed until after the first of the year; the time to be set at .the next regular meeting. Bill Owens presented a plat of Lot 6, Campbell's Industrial Subdivision on behalf of Red Walker asking that rear setback be waived. It was so rroved by Hugene Wooley, with second by Robert Runge . The rrotion carried with one abstention. There being no further business the rreeting was adjourned. Respectfully submitted, Daisy Olson, Secretary