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Minutes for the MAPC meeting on February 11, 2003.
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Metropolitan Area Planning Commission Minutes, February 11, 2003
MEMBERS PRESENT: Beadles, Damron, Gott, Moore, Krennerich, Johnson, Day
MEMBERS ABSENT: Vance, (one appointment vacant)
OTHERS PRESENT: Glenn Batten, City Planner; Claude Martin, City Engineer; Teddy Hooton, City Engineer; Phillip Crego, City Attorney; Brian Wadley, Planning Coordinator
The minutes of the January 14, 2003 meeting were approved as prepared on a motion by Mr,.Gott, second by Mr. Damron, and unanimous vote.
#1 RZ03-3 Chris and Jessica Hinds requested approval of rezoning from the Commercial C-3, General Commercial District, to the Residential R-3, Multi-Family high Density District, for Lot 1 of Chris Hinds Replat of Lot 1 of T.B. Heath’s Subdivision. The general location of the property is on the southeast corner of N. Church Street and Daybreak Drive.
Mr. Hinds stated that he felt commercial development was not going to this way, that most of it was going to Hwy 49 and other places.
City Planner, Glenn Batten, pointed out that the lot is surrounded by C-3 zoning and C-3 uses on all sides. The lot is 67’ deep and 238’ wide which is a major concern as to whether this lot could be developed as residential property. When setbacks are applied the lot really becomes small. Parking would also become a problem trying to enter and exit by forward motion. It would be physically difficult to build seven apartments, which is what the owner wants to do, and meet the minimum setback requirements and minimum parking requirements. The environmental conditions on adjacent and nearby properties are not conducive to a state residential development.
Mr. Krennerich made a motion to disapprove the request stating that the site is not suitable for residential development. The motion was seconded by Mr. Damron . Voting was 6 in favor, 0 opposed. Those voting aye were Damron, Gott, Moore, Krennerich, Johnson, Day. MOTION CARRIED, REQUEST DISAPPROVED.
#2 CU03-3 Joel Taylor requested approval of a conditional use to construct a communications tower in the Commercial C-3, General Commercial District. The general location of the property is in the 2300 block of Browns Lane, on the east side of Browns Lane, north of Ecumenical Drive.
A representative of the Merritt Group stated that the existing tower on Dr. Gray’s property on Fowler Avenue was full and was restricted in height due to FAA regulations. Alltell, which is the only known carrier that will locate on this tower, looked at Dr. Gray’s tower but the height is not sufficient. A second tower on the Gray property was considered but was ruled out because of horizontal interference. The proposed tower will carry up to four carriers, and be less that 150’ in height. The proposed site is under contract to purchase the property from Mr. M. J. Fox. It was pointed out by the Merritt Group representative that the distances from Southwind Heights Residential Development was 790’. The site is 179’ from the Ecumenical Center and is 234’ from the private residence on the north side. The Windwood Condominiums are 750’ to the north and west.
Glenn Batten, City Planner, brought up several issues regarding the proposal, the first of which is the question of property ownership. The application lists two different owners. The Conditional Use Application is signed by Joel Taylor who certifies that he is the owner of the property. On the plat of property, it shows M. J. Fox as the owner and there is nothing that indicates that Mr. Fox is in agreement to sell his property. The reason for bringing this up is because in another zoning case that went to court there was unclear ownership. This was one point of the judge’s ruling against the rezoning. George Hamman, project surveyor, was supposed to provide documentation regarding the ownership of the property from Mr. Fox but those documents were never filed.
The proliferation of cell towers was also discussed by Mr. Batten. The demand for cell towers continues to increase and there are relatively few and limited opportunities to locate cell towers where they are not harmful to the surrounding area. It is therefore incumbent on the carriers to try to co-locate on other towers or find other ways rather than building new towers. This would be the first preference. Mr. Batten had requested a map showing the location of other towers and their coverage area. The development standards in the zoning ordinance for conditional uses require that uses be designed, located and operated in such a manner that the public safety, health and welfare is protected. A finding is also required that safeguards are imposed to limit noxious or offensive omissions. This site is very close to three multi-family housing developments, two of which are elderly housing developments. The site is adjacent to and near the property line of a small, commercial development called The Frame Shop. Mr. Batten stated that the most recent research into the effects of radio frequency emissions indicates that cell towers and their antennas should be located a minimum of 1,500’ from concentrated residential areas, including schools, churches and other places of congregation.
The City Engineer stated that if approved, he would request that the driveway and sidewalks be installed first.
The Merritt Group representative said they had entered into a conditional offer and acceptance agreement with Mr. Fox, who is the owner of record. He requested a copy of the document from which Mr. Batten had obtained the information regarding the distance from residential developments. Mr. Batten said he would provide this source of information.
Phillip Crego, City Attorney, said that in regard to radio frequency (RF) emissions that under the existing federal standards all the MAPC or city can require is that they meet FCC emission standards. An application cannot be denied based upon RF emissions if they provide information that they are complying with FCC standards.
Mr. Batten stated one of the questions that is asked is to describe the protocol to be put in place to continually monitor RF emissions generated by the carriers on the tower. RF emissions would need to be reported annually to the city. Nothing has been provided in regard to this.
The Merritt Group representative said they would comply with FCC standards. The test would be applied as soon as the equipment is installed and reported to the City.
Mr. Day made a motion to approve the conditional use request with the stipulation that the driveway and sidewalk be installed before the tower construction is commenced. The motion was seconded by Mr. Krennerich. Voting was 4 in favor 2 opposed. Those voting aye were Gott, Moore, Krennerich, Day. Those voting no were Damron, Johnson. MOTION FAILED, REQUEST DISAPPROVED,
#3 RP03-3 Joel Taylor requested approval of a replat of Tract C of M. J. Fox Subdivision. The general location of the property is in the 2300 block of Browns Lane, on the east side of Browns Lane, north of Ecumenical Drive.
WITHDRAWN.
#4 FP03-2 Randy Simpkins and Danny Wallis requested final approval of subdivision plans for Ridge Run Phase IV containing 25 lots on 9.71 acres. The general location of the property is on the west side of Paragould Drive and a continuation of Cypress Springs Road.
Carlos Wood, Project Engineer, stated that the second access to Paragould Drive is included in these plans and will be SB-2 until that phase of the development is completed.
Glenn Batten, City Planner, stated that the preliminary stipulations have been met. Mr. Batten stated that there is something he wanted the surveyors and engineers to start doing which is adding a statement to the subdivision plats regarding the ordinance requirement that requires the street improvements to be completed or posting of a bond prior to the selling of any lots.
Mr. Krennerich made a motion to approve the request subject to compliance with the subdivision regulations which states that, “prior to the sale of any lot or lots within the subdivision, all improvements must either be completed or have a bond posted with the City of Jonesboro to cover the cost of the improvements as estimated by a registered civil engineer”. The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. Those voting aye were Krennerich, Johnson, Day, Damron, Gott, Moore. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#5 FP03-3 Robert Chastain requested final approval of subdivision plans for Windsor Landing Phase II containing 82 lots on 23.43 acres, and a replat of lots 23 and 24 in Block D of Windsor Landing and Lots 9, 10 and 11 in Block H of Windsor Landing Phase II. The general location of the property is on the north side of Johnson Avenue and a continuation of Britton Drive and Chastain Drive.
Glenn Batten, City Planner, stated that there is something he wanted the surveyors and engineers to start doing which is adding a statement to the subdivision plats regarding the ordinance requirement that requires the street improvements to be completed or posting of a bond prior to the selling of any lots. He also pointed out some problems in Phase II of the subdivision on Britton Cove where several lots are improperly drained and the homeowners are complaining. These improvements must be completed before Phase III is signed and recorded.
A motion by Mr. Krennerich and second by Mr. Gott to table this request until such time as the improvements are completed was withdrawn prior to voting. Mr. Chastain stated that he had the plans and the people to do it, but the weather has not permitted the construction. Teddy Hooton, from the City Engineer’s office, stated they had approved Mr. Chastain’s plans and when the weather permits they will work with Mr. Chastain to make sure they are installed property.
The preliminary stipulations have been complied with regarding easements and providing another means of access to the third phase.
Mr. Krennerich made a motion to grant final approval of the plans with the stipulation that the plat not be signed and recorded until the drainage improvements are completed in Windsor Landing Phase II, and compliance with the subdivision regulations which states that, “prior to the sale of any lot or lots within the subdivision, all improvements must either be completed or have a bond posted with the City of Jonesboro to cover the cost of the improvements as estimated by a registered civil engineer”. The motion was seconded by Mr. Day. Voting was 6 in favor, 0 opposed. Those voting aye were Day, Johnson, Krennerich, Damron, Gott, Moore. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#6 PP03-1 Rick Turman requested preliminary approval of plans for Turmans Commercial Park, a commercial subdivision containing 21 lots on 10 acres. The general location of the property is on the east side of Stadium Boulevard, north of Ole Feed House Road.
George Hamman, Project Engineer, stated that this plan was reviewed several months ago by the MAPC. At that time questions were raised regarding the length of the cul-de-sac and a secondary means of access. Mr. Hamman stated that the secondary access is not possible and the Fire Department has approved the plan which now has an expanded street to 36’ with an enlarged cul-de-sac along the proper fire hydrant placement. A letter from the Fire Marshall was provided.
Claude Martin, City Engineer, stated that Mr. Turman has this subdivision and another one coming up and there are numerous problems with his other subdivision off Rook Road called the Paddock. The drainage problems have not been resolved, and there are pipes in the wrong place, and the type of pipe is unknown.
Mr. Krennerich made a motion to table this request until the issues with the Paddock Subdivision are resolved. The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. Those voting aye were Moore, Gott, Damron, Krennerich, Day, Johnson. MOTION CARRIED, REQUEST TABLED.
#7 PP03-2 Rick Turman requested preliminary approval of plans for Bridlewood, a subdivision containing 194 lots on 50.51 acres. The general location of the property is on the south side of Longcrest Drive, east of Union , south of Higginbottom Creek.
WITHDRAWN.
Other business:
Dr. Beadles informed the commissioners that Barry Phillips had requested to address the commission regarding Bill’s Fresh Market at 3605 E. Johnson Avenue and permission was granted.
Jim Lyons, Attorney for Philips, addressed the Commission and asked if all had received the information delivered on 02-10-03.
Commissioner Johnson asked for clarification in regard to the last paragraph of Mr. Lyons letter where it states that “No other inspections or requirements will be added”. In response, Mr. Lyons stated that is was not intended to set forth that there would never be any more inspections, but only applies to the specified items contained in the letter and whatever items are agreed to tonight.
Phillip Crego, City Attorney, stated that he had only briefly reviewed the documents but it appears that the main issues now are tree plantings on the east side which Mr. Phillips has asked that it not be done and curbing on the west side.
Glenn Batten, City Planner, stated that in regard to the item about inspections. At the time the building opened, all of the building inspections had not been done and there are still ADA improvements to be made in the restrooms. With regard to the heating, air conditioning and ventilation system, they were never thoroughly inspected because the installation had been covered. The Inspection Department will need to go back in and do a complete inspection of the building before a Certificate of Occupancy can be issued. This can be done while the site improvements are being installed.
Stacy Schratz, a neighboring owner, stated that she still wanted the trees planted on the east side of the property as originally stipulated and would like to see it enforced.
Mr. Lyons presented a letter to the Commission from Anderson Engineering which indicates that planting trees on top of the existing drainage pipe and on the slope of the bank will weaken the slope and cause erosion and deterioration and they are opposed to that. Other options could be explored.
Mr. Batten suggested that the Commission go through the list of stipulations from 11-12-02 item by item. Following is what has happened in regard to the stipulations:
Stip #1, the curbed islands in the parking lot have been eliminated
Stip #2, the installation of an irrigation system has been eliminated
Stip #3, the outdoor lighting has been redirected
Stip #4 (a) tree planting on the east side is still under discussion
Stip #4 (b) the four foot opening is not a benefit to the site according to Mr. Lyons and a fence will be installed along the entire southern boundary
Stip #4 (c) tree planting will stop where the large trees are already in place in the southwest corner
Stip #4 (d) the tree planting requirement on the west side is omitted since it is now zoned commercial
Stip #4 (e) the ramp area has been completed with paving, the curb and guttering on the west side is still under discussion
Stip #4 (f) the fence is now or will be repaired or replaced
Stip #4 (g) a sixty day time limit is acceptable
The only two items to be decided are the tree plantings on the east side and the curb and gutter on the west side.
Mr. Krennerich made a motion to grant approval of site plan with the following stipulations:
1. Install curb and gutter on the west side now either with or without the curb cuts to the next property. If plans are available from the adjacent owner the curb cuts can be installed now, or they can install curb and gutter along the entire line and let the next owner make the cuts where they are needed.
2. Install some sort of trees on the east side and recommend that Glenn Batten be given the approval authority on the final acceptance on the type of trees.
3. The 60 day limit for completing the improvements begins from the date of Mr. Phillips acceptance of this agreement
The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. Those voting aye were Krennerich, Moore, Day, Johnson, Gott, Damron. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
Land Use and Zoning Seminar - Mr. Batten informed the commissioners of a land use and zoning seminar that he is trying to put together probably for a maximum of four (4) hours. Each commissioner is requested to respond with two or three dates and times that are good for them and with a suggested list of topics.
NEA Clinic - A couple of weeks ago, it was found that NEA Clinic was installing two driveways onto Johnson Avenue. There weren’t supposed to be any drives which was done at their request because all access was to come off Disciple Drive. A citation has been issued and a speedy trial date has been requested. A driveway permit was issued by the AHTD in May of 2002 prior to any approvals being granted by the MAPC on the site development plan.
Gordon Addition - Mr. Batten informed the Commissioners that two recent replat approvals that he had granted for the Gordon Addition have been rescinded. All of the information was not provided to Mr. Batten and the approvals were given in error. As of right now, only the original plat will be recognized as being valid. The reason this came to light is because the curb and gutter that has been built along Harwood Drive is not in the right location and without engineering drawings or plans is not installed properly and has failed. The MAPC will have to consider any replats to determine what street right of ways can be eliminated.