18 OCT 22 SpecialCITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
OCTOBER 22, 2018
6:00 P.M. – 6:21 P.M.
OPENING REMARKS:
The Planning Commission of the City of Jacksonville, Arkansas met in a special session on October 22, 2018. Chairman Moore opened the meeting at approximately 6:00 p.m. expressing appreciation
to those in attendance.
ROLL CALL: Commissioners Patrick Thomas, Jim Peacock, Jr., Trisa Dabbs, Barbara Mashburn, Vivian Brittenum, and Dan Brown answered ROLL CALL. Chairman Jim Moore also answered roll call
and declared a quorum. PRESENT (7), ABSENT (1) one position open.
Others present for the meeting were Code Enforcement Manager Manny Browder, and interested citizens, petitioners, and press.
PUBLIC HEARING(S): a. CONDITIONAL USE 512 Mulberry conditional use in C-2 zone
Chairman Moore stated that in lieu of additional information that came to light following the last meeting on October 8th, he has used his authority as Chairman to call a special meeting.
He then corrected that the agenda cover should announce the item for 512 Mulberry as a conditional use in C-2 instead of requesting a C-3 use in a C-2 zone.
Chairman Moore then informed the Commission that it was discovered that the property at 512 Mulberry is actually already zoned C-2 instead of C-1. He related that the property was re-advertised
and a special meeting was scheduled.
Chairman Moore opened the public hearing at approximately 6:05 p.m.
Mrs. Becky Barr stated that the request is a conditional use of an auto repair shop in a C-2 zone at 512 Mulberry.
Code Enforcement Manager Manny Browder concurred with the request.
Chairman Moore closed the public hearing at approximately 6:07 p.m.
In response to a question from Commissioner Thomas, it was clarified that the property was discovered to already be zoned C-2 and a conditional use permitted under C-2 is the operation
of an auto repair shop.
Discussion ensued regarding if there is a perspective tenant.
Manager Browder stated that he was not aware of the request to be a wrecker service, adding that the advice he offered the petitioners was not based on a wrecker service operation at
this location.
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
OCTOBER 22, 2018
6:00 P.M. – 6:21 P.M.
It was clarified that the wrecker service is not intended to be for commercial use but strictly for towing of a vehicle that is to be repaired at the shop. It was emphasized that there
would be no storage of vehicles.
Chairman Moore noted that the letter of request is for an auto repair shop and wrecker service for the purpose of bringing in cars that are disabled and not to be used as a commercial
wrecker service. He advised that there is an ordinance that coincides with this type of business that requires fencing around a commercial vehicle operation especially for disabled
vehicles that are kept for a short period of time. He emphasized that they would have to be kept inside the fenced area adding that the fencing would have to be some type of shielded
fencing.
Councilman Mashburn moved, seconded by Commissioner Brittenum to approve the request for a conditional use of C-2 for an auto repair and wrecker service at 512 Mulberry Street.
City Attorney Bamburg advised that the motion should state that it is for a C-3 use in a C-2 zone, adding to whom and for however long it is allowable.
Chairman Moore pointed out that the zoning of C-2 allows the operation of an auto repair shop as a conditional use. He related that to make it a conditional use of a C-3 in a C-2 would
not fit in with the Code.
Councilman Mashburn moved, seconded by Commissioner Brittenum to amend the previous motion to include a conditional C-3 use in a C-2 zone for tenants at 512 Mulberry Street.
City Attorney Bamburg stated that he is unsure of what the motion is trying to accomplish, clarifying that it was advertised as a conditional use, and that is how it was advertised,
it should be granted according to how it was advertised because that is all the Commission can legally do.
Councilman Mashburn questioned is she should just say that it is conditional use for C-2 at 512 Mulberry Street.
City Attorney Bamburg pointed out that it is a C-3 use in a C-2 zone, adding that the motion needs to define a timeframe and who the conditional use is granted for.
Councilman Mashburn moved, seconded by Commissioner Brittenum to approve the request for a C-3 use in a C-2 zone for a conditional use for as long as the auto repair shop is in business
and granted to the owners of the property at 512 Mulberry Street known as Virginia Reed estate. MOTION CARRIED with Commissioner Thomas voting NAY.
CITY OF JACKSONVILLE, ARKANSAS
SPECIAL PLANNING COMMISSION MEETING
OCTOBER 22, 2018
6:00 P.M. – 6:21 P.M.
b. REZONING 16.82 acres on T.P. White Drive from R-0 to C-4
Petitioner and co-owner, Mr. Billy Morden related that the property is currently residential and has a large freeway frontage, pointing at that it is located at the very north extreme
limits of Jacksonville, consisting of approximately 16.0 acres. He stated that they are requesting a change from residential to C-4 zoning, which he feels is much more appropriate
for this location.
In response to a question from Commissioner Peacock, Mr. Morden stated that either a C-4 or Industrial zoning would be fine with them. He explained that probably only the northern 5
acres is usable property because the remaining acreage is in the floodway.
Code Enforcement Manager Manny Browder noted that light industrial is permitted in a C-4 zoning.
With no one else to speak for or against, Chairman Moore closed the public hearing at approximately 6:20 p.m.
Commissioner Peacock moved, seconded by Commissioner Mashburn to approve the rezoning of approximately 16.82 acres on T.P. White Drive from R-0 to C-4. MOTION CARRIED.
Chairman Moore informed the petitioners that the rezoning would be addressed at the November 1, 2018 City Council meeting.
ADJOURNMENT: Chairman Moore without objection; adjourned the meeting at approximately 6:21 p.m.
Respectfully submitted,
_________________________
Susan L. Davitt