25 DEC 8OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on December 8, 2025. Chairman Moore opened the meeting at approximately 6:42 p.m.
expressing appreciation to those in attendance.
ROLL CALL: Commissioners Mike Dietz, William Montgomery, Vivian Brittenum, Jim Oakley, Greg Bollen, and Chairman Jim Moore were present and answered ROLL CALL. Chairman Moore declared
a quorum. PRESENT (6) with chair, ABSENT (3).
CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brittenum moved, seconded by Council Member Dietz to approve the minutes of November 10, 2025 as presented. MOTION CARRIED.
PUBLIC HEARING(S): a. REZONING 1305, 1307, 1309, 1311 Lee Mac Drive from R-1A to R-4
Chairman Moore opened the public hearing at approximately 6:44 p.m.
Representative Tim Lemons with Lemons Engineering shared the reason for this request is to fix an issue encountered when his client applied for occupancy permits. He stated they built
four houses, but the final survey showed they were inside the side yard setbacks due to a framing error. He explained, instead of asking for variances, they discussed it with City Staff
and decided to request a rezoning to R-4.
Council Member Dietz brought up that the builder was sick during this time and the small lots have easements. He is glad they are building houses enhancing the area, so he is for it,
but recommended denying any future setback variances from this builder.
Petitioner Christopher Perez with Premier Contracting Solutions related that the lots are 50’ wide and the houses 39’ wide; leaving approximately 5.5’ on each side for setbacks. He reiterated
that his foreman and framer started measuring off of a pipeline easement at 1311 Lee Mac Drive.
City Engineer Adam Whitlow confirmed the original permits pulled fit within the building lines, but the eastern-most lot has an easement they wrongly measured from that got worse as
they went west.
Mr. Perez noted the smallest distance between houses is approximately 7.5’ and the largest is just under 10’.
Engineer Whitlow mentioned discussing several possibilities to remedy the situation, and this was the only option that did not require two variances. He explained that leaving them zoned
R-1A would require both side yard setback variances and lot width variances. He confirmed that Staff supports this rezoning to remedy the situation. He detailed that R-1A zone lot are
50’ wide, but if the rezone is approved, there will be a replat done at Staff level.
Mr. Lemons noted they would have had to request seven side yard setback variances and three lot size variances, so they felt the rezone and replat would be better than those ten variances.
City Clerk Davitt related that, in the absence of City Attorney Friedman, this would be establishing a precedent since R-4 requires a firewall. She believes variances are the way to
go because if rezoned without a firewall and a tragedy occurs, the City could be liable.
Engineer Whitlow clarified this Commission does not have the authority to vary from Fire Code.
Fire Marshal Mike Williams cited Residential Fire Code Chapter 3: The minimum distance between structures shall be 10’, measured eave to eave, not wall to wall. He confirmed 7.5’ is
the closest distance, but it allows for the install of residential sprinkler systems to reduce the distance to 6’. He stated there cannot be any windows with the 10’ minimum distance,
but you can if the sprinkler systems are installed. He mentioned they would submit the plans to him and once he approves, he would inspect upon completion. He related that installation
costs approximately $2-5 per square foot.
A brief discussion ensued confirming that the sprinkler system has to be in place before a Certificate of Occupancy will be issued.
Chairman Moore closed the public hearing at approximately 7:00 p.m.
Council Member Dietz moved, seconded by Commissioner Bollen to approve the rezoning of 1305, 1307, 1309, 1311 Lee Mac Drive from R-1A to R-4. MOTION CARRIED.
b. REZONING 1315 Lee Mac Drive from R-7 to R-8
No petitioner or representative was present for this item of business.
Commissioner Oakley moved, seconded by Commissioner Montgomery to TABLE the request to rezone 1315 Lee Mac Drive from R-7 to R-8. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S):
BUILDING PERMIT(S):
GENERAL:
ANNOUNCEMENT(S):
ADJOURNMENT: Chairman Moore without objection, adjourned the meeting at approximately 7:05 p.m.
Respectfully submitted,
_________________________
Susan L. Davitt