On the agenda: Jacksonville meeting — Data Center (Mar 9)

JACKSONVILLE PLANNING COMMISSION
AGENDA
MARCH 9, 2026
6:30P.M.
PAGE

1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:

Regular Scheduled Meeting of
January 12, 2026

1-2

4 . PUBLIC HEARING(S):
5. REQUEST TO APPROVE
PLAT(S):

a.

b.

6 . BUILDING PERMIT(S):

7. GENERAL:
ANNOUNCEMENT(S) :
ADJOURNMENT

PRELIMINARY PLAT: Tyson Estates
Petitioner: Caleb & Chelsea Tyson
Representative: Bond Engineering
(included in packet)
FINAL PLAT: Tyson Estates
Petitioner: Caleb & Chelsea Tyson
Representative: Bond Engineering
(included in packet)
SITE PLAN : 618 West Main Street
Petitioner: Carlos Okpala
Representative: McClelland Engineers
(included in packet)
DISCUSSION: Food Truck Regulations

3

4-6

7

8-24

CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 2026
6:37 P.M . - 6:49 P.M.
OPENING REMARKS : The Planning Commission of the City of Jacksonville ,

Arkansas met in a regular session on January 12 , 202 6. Acti ng Chairman
Moore ope ne d the meet ing at approx imately 6 : 37 p . m. expressing
appreciation to those in a ttendance .
Commissioners Mike Dietz , Keith Allen Wa lker , Nick Priest ,
Vivian Brittenum, Jim Oa kley , Zeke Brown , Jeff Twitty , and Bi l ly Hal l
were present and answe r ed ROLL CALL . Acting Chairman Jim Moo re
declared a quorum . PRESENT (8) wi th chair , ABSENT (1)

ROLL CALL:

Commissioner Twitty moved, seconded by Commissioner Brittenum to make
Commissioner Oakley Chairman for the year 2026 . MOTION CARRIED .
Council Member Dietz moved, seconded by Commissioner Brown to make
Commissioner Brittenum Vice Chairman for the year 2026.
MOTION
CARRIED.

Commissioners Priest , Walker, and Brittenum volunteered to
the Board of Adjustment for the year 2026.

serve

on

Commissioner Oakley t ook over as chairman at this time .
CORRECTION AND/OR APPROVAL OF MINUTES : Commissioner Hall moved ,
seconded by Council Member Dietz to approve the minutes of December 8 ,
2025 as presented. MOTION CARRIED.
PUBLIC HEARING(S) : REZONING 1315 Lee Mac Drive from R-7 to R-8
Chairman Oakley opened the public hearing at approximately 6 :4 4 p . m.

City Engineer Adam Wh itlow stated a representative was requested to be
in attendan ce , t h e property was properly posted and adve rtised , it is
shown as Residential on the Land Us e Plan , Public Works re ceived three
calls in oppositi o n , and Staff supports approval . He exp l aine d that R7 zone is for a mob i le home park, whil e R- 8 is for an RV park; both
common ownership with rental spaces. He confirmed the density would be
the same .
Petitioner Jeremiah Blakely with Bl akel y Land Farm and Rent a ls
recalled owning the property for 10-12 years, which has bee n a mobile
home park for 30+ years . He to ld how he platted 13 l ots for
approx imately 1 400 square fe et houses a nd this is a nook containing
small mobile homes currently . He would now like to try something
different , noting a lot of people h ave gone to an RV par k, rath er t han
mobile homes . He affirmed t h e c urrent mobile homes will be removed,
which are ol d FEMA trailers .
A brief discussion ensued regarding the age of the RVs where it was
determi ned
that
the
Health
Department
has
certain
regu l a ti ons
dictat ing this type of park .

000001

CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 12, 2026
6:37 P.M . - 6:49 P.M .

Mr . Blakely told how he has City sewer and p l ans to redo all sewer and
water , if approved.
Council Member Dietz showed support , pointing out more cities who have
RV parks and how they should be more well-kept by owners than mobile
home rentals.
Mr . Blakely mentioned the property is approximately 4 . 68 acres,
allowing for 8 mobile homes per acre, so there woul d be 37 units .
Chairman Oakley closed the public hearing at approximately 6:48 p.m.
Council Member Dietz moved, seconded by Commissioner Hall to approve
the rezoning of 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 Oakley without objection,
at approximately 6:49p.m.

adjourned the meeting

Respectfully submi t ted ,

Susan L . Davitt

2

000002

•Bond
I

~ CONSl fLTING
~ENGlNEERS

2601 T.P. White Drive
Jacksonville, AR 72076
TEL 501.982.1 538
FAX 501. 98~ .1530

www.bondce.com

January 30, 2026

Mr. Adam Whitlow, PE
Director of Engineering & Public Works
No.1 Municipal Drive
Jacksonville, AR 72076

RE:

Preliminary Plat, Tyson Estates, Jacksonville, Arkansas

Dear Mr. Whitlow:
Attached are 5 copies of the preliminary plat for the referenced project. We are proposing a 4-lot
single family subdivision located at 805 Gregory Street. This property has an existi ng house with
secondary structu res and associated driveways. All proposed driveways will access Gregory Street.
All existing utilities run parallel to Gregory Street therefore no utility extensions are required other
than services. Sidewa lks exist on th e north side of Gregory Street therefore no sidewa lks are
required. There is no curb and gutter along Gregory Street so w e respectfully request this
requ irement be waived.
Please place this item on the planning commission agenda. If you have any questions, please contact
us.
Sincerely,

Aaron Robinson P.E.
cc:

Mrs. Susan Davitt
Mrs. Thea Hughes
Mr. Jake Short
Mr. Caleb Tyson
BCE # 10166

WATER • WASTEWATER • LAND PLANNERS • STORM WATER • SURVEYORS
2601 T.P. White Dr. • Jacksonville, AR 72076
Business: 501 -982-1538 • Fax: 501-982-1 530
Website: www.bondce.com

000003

•Bond
I

~ CONSl'r .n NG
~ENGlNEERS

2601 T.P. White Drive
Jacksonville, AR 72076
TEL 501 .982. 1538
FAX 501.982.1530
www.bondce.com

January 30, 2026

Mr. Adam Whitlow, PE
Director of Engineeri ng & Public Works
No.1 Municipal Drive
Jacksonville, AR 72076

RE:

Final Plat, Tyson Estates, Jacksonville, Arkansas

Dear Mr. Whitlow:
Attached are 5 copies of the fina l plat for the referenced project. This is a 4-lot subdivision located at
805 Gregory Street. The existing structures will be demolished. All driveways will access Gregory
Street.
Attached is the proposed bill of assurance.
Please place this item on the planning commission agenda. If you have any questions, please contact
us.
Sincerely,

Aaron Robinson P.E.
cc:

Mrs. Susan Davitt
Mrs. Thea Hughes
Mr. Jake Short
Mr. Caleb Tyson
BCE # 10166

WATER • WASTEWATER • LAND PLANNERS • STORM WATER • SURVEYORS
2601 T.P. White Dr.· Jacksonville, AR 72076
Business: 501-982-1538 • Fax: 501 -982-1 530
Website: www.bondce.com

000004

BILL OF ASSURANCE
TYSON ESTATES
PULASKI CO UNTY, JACKSONVI LLE, ARKANSAS
KNOW ALL MEN BY THESE PRESENTS:
Where Caleb and Chelsea Tyson is th e owner of the following described lands situated in Pulaski County, Arkansas, to-wit:
LEGAL DESCRIPTION:
PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, T-3-N, R-10-W, JACKSONVILLE, PULASKI COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF THE W1/2 OF THE NE1/4 OF SECTION 19, T-3-N, R-10-W, PULASKI COUNTY, ARKANSAS; THENCE
S88"38'18"E138.25 FEET TO THE POINT OF BEG INNING; THENCE S01"40'29"W, 292.53 FEET; THENCE S88"38'18"E, 302.08 FEET; THENCE
N02"38'49"E, 291.90 FEET; THENCE N88"30'33"W, 307.03 FEET TO THE POINT OF BEGINNING, CONTAINING 2.04 ACRES, MORE OR LESS.
And have found it desirable that all of the above p roperty be divided into lots and streets.
NOW THEREFORE, Caleb and Chelsea Tyson {hereinafter being designated as grantor), for and in consideration of the benefits to accrue to
them which are hereby acknowledged to be of value, file this Bill of Assurance and a Plat prepared by Aaron K. Robinson, Registered Land
Surveyor, of the above described lands, showing the bounds and dimensions of the property being subdivided into lots and its description
by lots and streets, which Plat appears as Instrument No._ _ _ _ _ _ _ _ _ of the records of the office of the Circuit Clerk and ExOfficio Recorder of Pulaski County, Arkansas.
The Grantor hereby donated and dedicated to t he public forever an easement of way in and over said streets as shown on said Plat, to be
used as public streets.
The filing of this Bill of Assurance and the said Plat in the office of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas,
shall be a valid and complete delivery and dedication of streets and easements as set out on said Plat and said streets shall be known by the
names designated upon said Plat.
The lands embraced in said Plat shall be forever known as Tyson Estates, and any and every deed or conveyance for any lot in said
subdivision, describing said lot by the number as shown on said Plat, shall always be deemed a sufficient, valid and legal description
thereof.
The lots in said Tyson Estates shall be sold by grantor, and shall be purchased by t he buyers thereof subject to the following restrictions and
covenants which shall run with the land and be binding on all parties and all persons cla iming by, through, or under them until December 1,
2046 A.D., unless by the affirmative vote on the majority of the owners of said lots, one vote per lot, it is agreed to change said restrictions
and covenants listed below sha ll be automatically extended for successive periods of 10 {ten) years each from December 1, 2046. The
covenants and restrictions are as follows:
1. All lots in said subdivision shall be known and described as resident ia l lots, and no structure shall be erected, altered, placed or
permitted to remain on said residential lots other than one detached single-family dwelling, neither of which shall exceed t wo and one-half
stories in height; a private garage for not more than 3 {three) cars.
2. The minimum floor area, exclusive on one story open porches and garages, shall be not less than 1,800 square feet. The minimum floor
area of 1,800 squ are feet may be reduced at any time after the filing of the Plat by a majority vote of lot owners with each lot getting one
vote, grantor gets 20 votes. The quality of construction shall be of highest-class materials and workmanship with all sides and all exposed
foundations, being covered by brick or stone. No building shall be located on any lot nearer to the front lot line than 35 feet. No building
shall be located nearer than 5 feet to an interior lot line. No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot
line. For the purpose of this covenant, steps, and open porches shall be considered as part of the building. All buildings will be frame
construction.
3. No dwelling shall be erected or placed on any lot having a w idth of less than 75 feet at the minimum building setback line, nor shall any
dwelling be erected or placed on any lot having an area of less than 7,500 square feet.
4. No sign of any kind sha ll be displayed to the public view on any lot except one professional sign of not more than one square foot, one
sign of not more than five square foot advertising the property for sa le or rent, or signs by the builder to advertise the property during th e
construction and sales period.
5. No fence, wall, hedge of shrub planting which obstructs sight lines at elevations between two {2) and six {6) feet above the roadways
shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line

000005

connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the
intersection of the street property lines extended. The same line limitations shall apply on any lot within 10 feet from the intersection of a
street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain w ithin such distances or such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
6. No animals, livestock or poultry of any kind shall be raised or kept on any building site, except that a maximum of four {4) dogs, cats or
other household pets may be kept, provided that they are not kept or maintained for commercia l purposes. Television Satellite Dishes
receiving devices shall be located behind the residence and be concealed, or in the dwell ing attic space.
7. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become
an annoyance or nuisance to the neighborhood.
8. A perpetual easement is reserved of the width and length for utility installation and maintenance as shown on t he said Plat, and no
building other than fences shall be erected over or upon the land reserved for said easement.
9. No obstruction shall be placed in t he street, gutter curbs, curbs shall not be cut in driveway lower than two inches above gutter grades.
10. No lot shall be divided into two or more parcels without the approval of the planning commission having jurisdiction.
11. The invalidation of any one of these covenants or restrictions by judgment or court or shall in of manner affect any of the other
provisions which shall remain in full force and effect.
11. In the event of an attempt to violate any of the restrictions or covenants contained herein, it shall be lawful for any other person or
persons owning any other lot or lots in this subdivision to prosecute any proceedings at law o r in equity against t he person or persons
violating or attempting to violate any such restriction or covenants, or to recover damage for such violation.
IN WITN ESS WHEREOF the grantor has executed this Bill of Assurance on the _ _ day of _ _ _ _ __. 2026.

Caleb Tyson

Chelsea Tyson

ACKNOWLEDGM ENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)
BE IT REMEMBERED, t hat on this day came before me, the undersigned, a Notary Public, within and for the county and state
aforesaid, duly commissioned and acting, Caleb and Chelsea Tyson to me well known as the grantor in the foregoing instrument, and
mentioned and set forth.
WITNESS my hand and seal as such Notary Public, on this the ___ day of _ __ _ _ _ _ __, 2026.

Notary Public
My commission expires:

000006

- - - · - - - - - - --- ----- -------- - From: carlos okpala <[email protected]>
Sent: Monday, February 2, 2026 9:28AM
To: Mylissa Griggs <[email protected]>; Adam Whitlow <[email protected]>
Subject: Site Improvements Review - 618 W Main Street

Good morning,
My name is Carlos Okpala, and I am the owner of the property located at 618 W Main Street,
Jacksonville, AR 72076.
I am writing to follow up and provide clarification regarding the proposed site improvements for
the property. I have obtained the boundary survey and site/plot plan, which I am ready to submit
for review. The site/plot plan includes the locations of the proposed light poles.
At this time, I am no longer pursuing the development of the property as a food truck park or
the construction of a new building. The intent is to move forward with limited site and
accessory improvements only, which include:
• Light poles with string lighting, as shown on the site/plot plan
• Walls or barriers for site security
• Pla cement of a prefabricated storage structure for storage of supplies, food, equipment,
and a restroom for operational use
My goal is simply to ensure the proposed improvements are reviewed under the appropriate
permit classification and that I am meeting all applicable city requirements. Ple ase let me know
the appropriate next steps.

000007

CITY OF JACKSONVILLE, ARKANSAS
www.cityofjacksonville.net

#I Municipal Drive
Jacksonville, Arkansas 72076
ENGINEERING DEPARTMENT
Phone: (501) 982-6071 Fax: (501) 982-6439

March 2, 2026

Jacksonville Planning Commissioners
# 1 Municipal Drive
Jacksonville, AR 7207 6
RE:

Food Truck Regulations

Dear Commissioners,
Our Department has seen an increased interest in placing food trucks within the
city limits o f Jacksonville. Currently our process has been to require an active
Privilege Tax License, A & P License, State Health Department Approval, &
Property Owner approval for placement.
In the interest of further protecting th e integrity of existing businesses within our
City, we feel the need to possibly increase th e regulations governing the
placement of these businesses.
Also, you will see information submitted for a "Food Tuck Park" in this month's
submittal. Current Code does not fully address such a development & we
would like th e Commissioners input. Staff feels like this could definitely be a
positive addition to our City, however, we do wish to address any potential
issues on the front end in order to prevent any negative precedent(s) being set.
Enclosed you will find information Cabot utilizes to regulate their Food Truck
businesses. Please review & prepare for discussion at the March 9, 2026 Planning
Commission meeting.
Sincerely,

;)~u~
Adam Whitlow, P.E., P.S.
City Engineer- City of Jacksonville

000008
Jacksonville - Soaring Higher

Food Truck Application

CITY OF CABOT

Food trucks operating in Cabot are subject to Ordinance No. 31 of 2019

Date

Business Name

Business Owner name
Applicant Information

Home Phone

Cell Phone

Email Address

State

ZIP Code

Address

City

Proposed Location

Requested days of operation

Hours of operation

If part of a special event: Event Name

Organizer

Are you requesting a Daily or Annual
License?

How many trucks are you permitting?

Copies of the following paperwork must be attached to this application:
0

A valid business license

0

A valid A & P permit

0

A valid liability insurance policy

o A current health inspection
0

A valid driver's license

0

A current fire inspection by an incorporated Arkansas municipality

000009

ORDINANCE NO. 31 of2019
AN ORDINANCE AMENDING THE CODE OF CABOT; l'ROVJDING FOR BUSINESS
LICENSING FOR CERTAIN OUTDOOR AND MOBILE VENDORS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES

WHEREAS, mobile food trucks have experienced n rise in popularity across the country
and in the City of Cabot in the past few years; and
WHEREAS, the City of Cabot tinds it desirable to set forth regulations to allow mobile
food trucks to operate within the city under certain circumstances and to establish regulations
concerning mobile food truck operation in order to protect the health safety and welfare of the
City' s inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CABOT, ARKANSAS, THAT:
SECTION 1: Chapter 8, Article II. § 8- I 8- Definitions, of the Code of Cabot, is hereby
amended to add the following dctinitions:
Mobile Food Establishment- n food establishment or preparing and/or serving foods from a
self-contained vehicle either motorized or within a trailer that is readily movable without disassembling
for transport to another location. Mobile food establishment may serve as a conveyance for outdoor
vending at a tixed location and may be a mobile carl, stationary cart, pedal carl, trailer, vnn, portable
building, or similar chassis with or without an engine.
Mobile Food Vendor - any person or persons who operate or sell food from a mobile li.wd
establishment.
Mobile Outdoor Vending - exhibiting, displaying, selling or offering for sale any goods, wares or
merchandise from a fixed locati on on public or private property conveyance.
Mobile Outdoor Vendor - a person that exhibits, displays, sells or otTers for sale any goods, wares or
merchandise from a conveyance at a lixcd location. This dclinition does not include a door-to-door
solicitor, mobile food vending, childn::n's lemonade stands or homeowners hav ing garage sales.
Fixed Location - a vendor occupying a location for a period of 6 months or less.
Roving Mobile Vendor- a vendor traveling constantly without a tixed destination
SECTION 2: Chapter 8, Article II.§ 8-19 - Payment OF Privilege Tax And Pr

License required, of the Code of Cabot , is hereby amended as fo llows:
Reciprocity wi ll not be extended to Mobile Food Establishments, Mobile l'ood Vendors, Mobile
Outdoor Vendors, nor Roving Mobile Vendors.
SECTION 3: Chapter 8, Article II. § 8-27 - Temporary Business Perm its, of the Code of

Cabot, is hereby amended as follows:
(a) Temporary business is defined as a free-standing business operation in a temporary structure,
portable building, trailer or tent fo r seasonal or short-term operation. It is fu rther defined as having
no permanent municipal water and wastewater services, unless speci lically defined otherwise within
thi s Chapter.

* It is not the intent of this Code to define Mobile Food Establishments, Mobi le Food Vendors, Mobile
Outdoor Vendors, and Roving Mobile Vendors as a Temporary Business.

Carnival s

30 days per permit

Sea sonal tent s o r lots

30 days per permi t

Christm as tree st ands

30 days per permit

General commercia l sales stands, tents or lots

90 days per permit

GeAeessieA/FefFesl=u'l'leRt/faaEI sef't'i€e

189 aa•,•s flCF j3eFffiit

SECTION 4: Fcc Schedule. Each application fo r the issuance of a business license under this

Section shall be accompanied by a fee, as dcllneated in Code of Cabot, Chapter 8, Article III, Division

3 § 8-124 - Business License Rates.
A mobile vendo r may obtain u Da il y Bus iness License for a!\;~; of $20.00 per day.

A fixed mobile vendor must operate at the location(s) specified on the application. Each
additional location/truck will be charged a fee of $50.00.
SECTION 5: Mobile Vendor Permit Requirements.

0000 11

I.

The provisions of this section shal l apply to mobile food operations engaged in the

business of cooking, preparing and distributing food or beverage, with or without charge, from mobile
food trucks on or in public or private spaces. This section shall not npply to mobi le frozen treat vendors
(icc cream trucks) that move Ji·01n place to place.
2

The provisions of this section shall not apply to concessionaire operations and

agreements managed by the Cabot Parks and Recreation Department.
3.

Mobile Food Truck operators shall obtain the following prior to conducting business in

the City:
a.

A valid business license:

b. A valid A & P pennit;

{c. A valid liability insurance policy;
d. A cunent health inspection;

e.
/- f.

A valid driver's license;
A current fire inspection by an incorporated Arkansas municipality;

4. Mobile Food Establishments shall adhere to all Advertising nnd Promotion regulations w>

set forth in Chapter 28 of the Code of Cnbot.

SECTION 6: Rules and Regulations Gcncr·al.
I.

No operator of a mobile food truck shall park, stand, or move a vehicle nnd conduct

business within unauthorized areas of the City;
2

The operator of a mobile food truck is not granted or entitled to the exclusive use of the

service location, in whole or in part, other than the approved time and place;

3.

All mobile food trucks shall offer waste container lor public use that the operator shall

empty at his or her own expense;

000012

4.

Mobile food truck operators shall rem ove all trash at their c:xpcnse. Mobile food truck

operators shall not utilize dumpsters of other e:xisting businesses without the permission of su<.:h
businesses.
5.

No mobile food truck shall make or cause to be mnde any unreasonable or excessive

noise in violation of City ordinances;
6.

A mobile food truck may conduct sales while parked on a public street when the City has

approved a temporary street closure for a City-sponsored or neighborhood-sponsored event such as a
street festival or street fair;

7.

Mobile food trucks on public property, th~ City resl.!rves the right to temporarily move a

mobile food truck to a nearby location if the approved location needs to be used for emergency, or other
public purpose.

8.

lnspectional Services. The rood truck applicant shall ensure compliance with all City and

state health regulations for mobile food truck vendors. Health and Fire inspcctions will be reciprocated.
9.

In no instance, with the exception of special events, may the mobile vendor/ mobile food

vendor reduce the number of available parking spaces bdow the minimum required for the primary
business.
10.

Businesses which require a permit (A&P permit) from the Cabot Advertising and

Promotion Commission (the Commission) in addition to the Cabot City Business License arc requir~d
to obtain and maintain the A&P permit in good standing as a condition of maintaining the business
license. Revocation of the A&P permit by the Commission shall be deemed to simultaneously revoke
the Cabot City Business License and all business operations shall he required to cease immediately.
SECTION 7: Operation of Mobile Food Trucl(s.

Operation without A&P Permit or City

Business License.

000013

A mobile food truck being operated without a valid 1\ & P permit issued by the Cabot Chamber or
Commerce Office may be cited into Cabot District Court. Any mobile food truck operating without a
valid City Business License issued by the City of Cabot Clerk's Oflice may be cited into Cabot District
Court.

SECTION 8: Unattended Vehicles Prohibited.
1.

No mobile food truck shal l be parked on the street overnight, unless present at the location

as part of the mobile food truck event, or left unsecured at LJny time food is kept in the mobi le food truck.
Any mobile food tmck which is fo und to be unsecured shall be considered a public safety hazard and

may be ticketed and impounded.
2

A mobile fo od truck operating outside of an approved site, at an unauthorized location ,

or beyond the hours for which the operation has been permitted shall be deemed operating in violation
of this section and may be subject to enforcement under this section.
SECTION 9: Fine for Violation.
I.

Any person operating a mobile food truck or service in violation of any provision of

this section may be subject to a fi ne of three hundred doliLJrs ($300) per day.
2.

Each day violation shall constitute a separate and distinct offense.

SECTION 10: Enforcement. The provisions of this Ordinance shall be with the Cabot Code
Enforcement Department/ Cabot Police Department, the Cabot Fire Department. If the Code
Enforcement Department is not available to enforce the rules of this Ordinance, enforcement shall be
with the Cabot Pol ice Department

SECTION 11 t--Scvcrability. In the event any title, section, paragraph , item, sentence, clause, ph ruse,
or word of this ordinance is dcdarcd or adjudged to be in valid or uncon stitutional, s uch declaration or adjudicati o n

shall not affect the remaining portions of the ordinance, which shall n.:main in full force and efTect as if the portion
so declnred or adjudged invalid or unconstitutional were not originally a pa rt of the ordinance.

SECTION 12t- Repealer. All ordinances or reso lutions of the City in conflict herewith arc hereby

000014

repealed to the extent of suc h conflict.
SECTION 131- Emergency Clause. In light or the nc<!d for these changes, and the need to

provide the residents of the City of Cabot with dining and other options not associated with brick and
mortar locations and commercial facili ties, the Cabot City Council declares that an emergency ex ists
<md that the need to provide for the public peace, ht!alth, safety and we lfare is necessary, ami this

Ordinance shall be in full force and effect from and after the date of its passage and approval.

SPONSOR:
Norma Naquin

ADOPTION: 8-0

EtvtERGENCY CLAUSE: }Jo Vo rt:!
DATE: B/19/~o;q

APPROVED:

APPROV ED AS TO FORM:

ATJ'EST:

c:iam&n~ff ~~~
Jim Taylor, City Attorney

Tammy Yocom, City Clerk-Treasurer

00001 5

.~")

Section 4.16- Food Truck Parks.

I

,.,.__ -

\,_

4.16.1 Purpose and Intent. The purpose and intent of this section is to regulate specific activities that are
commercial in nature while preserving and enhancing the aesthetic beauty of the city. More
specifically, the intent of the food truck park regulations is to:
a. To serve and protect the hea lth, safety and welfare of the general public;
b. To establish a uniform set of rules and regulations that are fair and equitable;

c. To provide economic development op portunities to small entrepreneurs in the city;
d. To promote stable vendors who will enrich the city's ambiance and be assets to publ ic
security.
4.16.2 Uses. Food Truck Parks shall be permitted on private property as a Special Permit Use in
Commercial and Industrial zoning districts.
4.16.3 Standards. The Planning Commission may approve, deny, defer, or modify a Food Truck Park site
plan based o n findings of fact with regard to the standards set forth below. The appropriateness
of these standards shall be determined at the discretion of the Planning Commission f or each
specific location. The Planning Commission shall not permit any Food Truc k Park use in a zone as
a Special Use that in not permitted under the Zoning Code.
In carrying out the purpose of this section, the Commission conside ration shall include, but not limited
to, the following development standards and design specifics.
The appropriateness of these standards shall be determined at the discretion of the Planning
Commission for each Food Truck Park location.
a. The proposed use is so designed, located and proposed to be operated that the public heal t h,
safety and welfare will be protected.
b. The proposed land use is compatible with and will not adversely affect other property in the
area where it is proposed to be located.

c. The proposed use is within the provisions of "Special Uses" as set out in the Code.
d. The proposed use conforms to all applicable provisions of this Code for t he zoning district for
which it is to be located, and the use facilitates pub lic convenience at that location.
e. The size and shape of the site, and the size, shape and arrangement of the proposed
structures, are in keeping with the intent of the Comprehensive plan and this Code.
f . The ingress or egress, off-street parking, loading and pedestrian ways will be efficient and
safe.
g. Safeguards, including, but not limited to, hours and methods of operation, landscaping and
screening, controlling noxious or offensive emissions, including lighting, noise, glare, dust and
odor, are satisfactory_

000016

h. Landscaping, fencing and open space will be properly maintained by the owner/developer.
i. Proposed sign(s) will be appropriate for the location and in accordance with the requirements
of the existing City Code.

j. Public utilities are, or will be, available and will not be overloaded.

4 .1 6.4 Procedure for Authorizing.
a. Permit Required: Unless specifically exempted in this Code, it shall be unlawful for any person
to engage in the business of a food truck park unless he/she has first obtained a Special
Permit Use from the Planning Commission. It is the responsibil ity of the business owner to
verify if a food truck park has been approved for the property location.
b. Application: Application for a Food Truck Park shall be made by the property owner or
authorized agent for the owner. The app lication sha ll be submitted to the Public Works Office
wh ich will process all applicable surveys, site plans and other supporting information
pertinent to this review process.
Notice of a Special Permit Use application shall be published at least one time, not less than fifteen
(15) days prior to the date of the public hearing, in a newspaper of general circu lation. The applica nt
shal l give notice of such hearing by posting a su itable and pertinent sign, provided by the City, on the
property involved not less than fifteen (15) days prior to the hearing.
c. Site Plan Requirements: The site plan requirements for a Food Truck Park application shall

follow the same requirements as a standard site plan as listed in Zoning Code section. The
Food Truck Park shall meet Off-Street parking requirements, sign regu lations and landscape
requirements. The site plan sha ll also show the following requirements:
i. The location and size for each food truck vendor pad with appropriate separation
distances;
ii. The permanent utility connections for each food truck space. This shall include permanent
water, sanitary sewer and electricity connections;
111.

The location and size of any proposed permanent structures;

iv. The location of existing and proposed fire hydrants;
v. The location of on-site lighting for the food truck park;
vi. The location of on-site dumpster with an opaque enclosure;
vii. The location of the proposed structure to house restrooms and hand washing facilities;
viii. Other information staff deems necessary for the site location.
d. Plan Review The Food Truck Park site plan shall be reviewed t hrough the Public Works office
and the staff shall report to the Planning Commission on its relation and probable effect on
the surrounding area as well as its compliance with the requirements of this Code.

000017

e. Planning Commission Action: The Pl anning Commission shall review each Food Truck Park site
plan at its regularly scheduled monthly m eeting, at wh ich t ime interested person may appear
and offer information in support of, or against the proposed Food Tru ck Park. Th e Planning
Commission shall review the site plan based on circumstances of the proposed Food Truck
Park including, but not limited to the locat ion of the park, the size of the lot which th e park is
proposed, the types of surrounding land uses and the proximity to the park, parking, and any
other potential impacts on public health, safety and welfare.
The Planning Commission shall then make one of the fo llow ing determinations: approve t he Food
Truck Park site plan as requested; approve the Food Truck Park site plan with modifications; defer the
Food Truck Park site plan; or deny the Food Tru ck Park site plan. ;p25; Th e Planning Commission may
impose conditions and restrictions upon the premi ses as may be necessary to reduce or minimize th e
injurious effects of the Food Truck Park, ensu re compatibility with the surrounding property an d carry
out the general intent of the Comprehensive Plan, appropriate neighborhood plans and this Code.
In no case shal l the Planning Commission authorize reduction from t he minimum requirements of
t he code relating to height, area, parking or scree ning. However, the applicant may be directed to the
Board of Adjustment for variances under the Zoning Code.
f. Appeaf. Any applicant or other affected party aggrieved by a decision of the Pl anning
Commission as it relates to t he Food Truck Park process sha ll have the right to appeal to the
City Cou nci l. Such appeal must be fi led in writing with the City Clerk-Treasurer within t hirty
(30) days after the Planning Commission takes f ina l actio n on such request. The City Council
may affirm, modify, or deny sa id appeale d action of the Planning Commission.
g. Status of Conditions. Once any portion of t he Food Truck Park Special Permit Use which has
been aut horized is utilized, all such conditions pertaining to such aut horization shall become
immediately operative. The violation of any co ndition so imposed shall constitute groun ds for
revocation of the Food Truck Park Special Perm it Use. Such cond itions may include time li mits
for exercise of such autho rization and must commence within a reasonable t ime.
The Board of Adjustment is not aut horized to grant a variance from conditions imposed by the
commission in connection with the Food Track Park Specia l Permit Use. However, th e Board of
Adjustment m ay grant variances as provided by the Zoning Code.
Amendments or m ajor changes to a Food Track Park site plan authorization must follow the same
process as the original Food Track Park site plan. No bui lding perm it shall be issued except in
conformance with th e provisions of this section.
A Food Truck Park requires a Special Permit Use which is part of the Zoning Code and shall run with
the land upon which the use is located.

4.16.5

000018

Fees. Before any action shall be taken as provided in this section, the applicant shall deposit with the City
an application fee as established or may hereafter be adopted by resolution of the City Council. Under no
condition sha ll said sum or any part thereof be refunded for failure of said permit to be approved by the
Planning Commission.

4.1 6.6 General Regulations & Dimensional Standards.
a. All food truck parks shall comply with all the requirements of this Code as well as all other
applicable ordina nces, statues, rules and regulations of the City of Cabot and the State of
Arkansas.
b. At no point shall a food t ruck park remain open for 24-hours.

c. All food truck parks shall be located on property that is a legally platted subdivision.
d. The minimum paved area for each proposed food truck & trailer vendor parking pad shall be
thirty-five (35) by fifteen (15) feet. This area shall not include any parking spaces that are
reserved, encumbered, or designated to satisfy the off- street parking requirements.
e. The building design standards in Section 4.9.23 of the Zoning code shall apply to any
permanent structure on the site. These standards do not apply to individual food truck and
trailer vendors.

f. The property owner, or his/her designated manager, of the food truck park shall be
responsible for the orderly organization of all food truck and trailer vendors, the cleanliness
of the park, and the park's compliance with al l rules and regulations.
g. The number of food truck and trailer vendors spaces allowed shall be calculated at one (1)
vendor space per 1,000 square feet of lot space. The minimum number of vendor spaces sha ll
be two (2) and the maximum number of vendor spaces allowed on any site sha ll be limited to
ten (1 0).
h. Only one (1) food truck and trailer vendor are permitted to occupy a vendor space at the food
truck park.
i. No food truck and trailer vendor, permanent structures, or seating areas shall be located
within the required building setbacks of the applicable zoning district.
j. The minimum separation between each individual food truck and trailer vendor, and the
minimum separation between any food truck and trailer and a permanent on-site structure
sha II be a minimum of ten (1 0) feet.
k. A food truck and trailer vendor shall remain outside of a required fire lane, be located a
minimum of three (3) feet from any fire hydrant and shall not block access to a Fire
Department Connection (FDC).
I. No vehicle drive-through services shall be permitted within a food truck park without Cabot
Planning Commission approva l.

000019

m. During hours of operation, each food truck and trailer vendor sha ll be responsible for
providing a trash receptacle for use by customers and sha ll ensure the area is kept clear of
litter and debris at all times. A common dumpster may be provided within the food truck park
if the dumpster is screened in accordance with the screening requ irements.
n. Any food truck park may establish or utilize a permanent structure for indoor seating,
entertain ment venue, or similar purposes provided the structures comply with all applicable
requirements, including but not limited to building and fire department requirements.
(Ord. No. 6-2023, § 1(Exh. A), 4-3-2023)

000020

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