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Minutes for the MAPC meeting on December 11, 2001.
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MINUTES
METROPOLITAN AREA PLANNING COMMISSION
DECEMBER 11, 2001
MEMBERS PRESENT: Beadles, Phillips, Little, Shaw, Damron, Johnson, Gott, Krennerich, Street
MEMBERS ABSENT: None.
Others in attendance were Glenn Batten, City Planner; Phillip Crego, City Attorney; Teddy Hooton, Engineer; Brian Wadley, Planning Coordinator.
The minutes of the November 13, 2001, meeting were approved as prepared on a motion by Krennerich, seconded by Street, and unanimous vote.
#1 RZ01-51 Phillip and Lonette Byrd requested approval of rezoning from the Residential R-1 Single-Family Medium Density District to the Commercial C-3 General Commercial District for Lot 1 of Jim Wallin Subdivision. The address of the property is 3705 E. Johnson Avenue, and the general location of the property is on the south side of Johnson Avenue, approximately 700’ west of Airport Road.
A nearby neighbor expressed opposition to the rezoning stating that the house currently on the property is only 11’ from her fence and that the ordinance requires 20’ minimum. She also cited noncompliance with MAPC stipulations at the new grocery store at 3605 E. Johnson and trespassing from their customers at this C-3 site. Another issue was the fear of lowering property values by rezoning the lot partially adjacent to her. She stated that C-5 was more agreeable to her than C-3.
When asked if C-5 zoning would work for his client, George Hamman, Project Surveyor, stated that he did not know if C-5 zoning would meet the needs of his client and he had not discussed C-5 with them.
Glenn Batten, City Planner, stated that the site is appropriate for many C-3 uses and is consistent with the designation of thorough commercial in the future land use plan. It is in keeping with other zoning changes that have occurred this year. With the trend of developing commercial uses along Johnson Avenue, this proposed rezoning would bring this property into conformity. The property should be developed as part of an overall commercial complex to best accomplish the purpose of the zoning ordinance.
Mr. Krennerich made a motion to deny the C-3 zoning and recommend approval of a C-3 LU-O zoning to the City Council with the following stipulations. Prior to specifying land uses to be permitted in this zone district, a preliminary site development plan (prepared in sketch form with less detail that the plan required by Section 14.36 of the zoning ordinance) shall be submitted to the MAPC for review and approval. This required site development plan shall illustrate the proposed layout for the subject 0.49 acre site and will, more importantly, show its relationship to existing and proposed streets, land uses, buildings, driveway locations, drainage utilities, and other features on adjoining and nearby properties. The purpose of this coordinated planning effort is to make sure that:
1. Land uses within the subject property and its surrounding area are compatible;
2. Traffic circulation within the planning area is designed to minimize conflicts with traffic on Johnson Avenue;
3. Creative site planning and development approaches are used to form a harmonious, attractive area;
4. Appearance of the subject and the surrounding area are harmonious; and
5. Development occurs in an orderly and efficient manner resulting in a smaller network of streets and utilities, thus lowering construction and maintenance costs.
Specific land uses for the subject site shall be determined and development standards identified only after the site development plan has been reviewed and approved by the MAPC.
The motion was seconded by Mr. Phillips. Voting was 7 in favor, 1 opposed. Those voting aye were Krennerich, Johnson, Phillips, Little, Damron, Gott, Street. Those voting no were Shaw. MTOION CARRIED, AMENDED REQUEST APPROVED WITH STIPULATIONS.
#2 RZ01-52 Farmer Enterprises requested approval of rezoning from Commercial C-3 General Commercial District to the Residential R-1 Single-Family Medium Density District for 2.192 acres located on a part of the NE ¼, SW ¼ of Section 23, T14N, R3E. The general location of the property is on the northeast corner of Nettleton Avenue and Strawfloor Drive.
This is a step down in zoning from commercial to residential. The proposal is consistent with the Comprehensive Plan as well as the purpose of the zoning ordinance. Residential use of the property is more compatible with the character of the area.
Ms. Shaw made a motion to recommend approval of the rezoning from the Commercial C-3 General Commercial District to the Residential R-1 Single-Family High Density District to the City Council. The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed. Those voting aye were Shaw, Johnson, Phillips, Krennerich, Damron, Little, Street, Gott. MOTION CARREID, REQUEST APPROVED.
#3 RZ01-54 Stone Creek, LLC requested approval of rezoning from Commercial C-3 General Commercial District to the Residential R-1 Single-Family Medium Density District for 3.382 acres located on a part of the NE ¼, SW ¼ of Section 23, T14N, R3E. The general location of the property is on the north side of Nettleton Avenue, on the east side and west sides of Stone Creek Lane.
This is a step down from commercial to residential. The proposal is consistent with the Comprehensive Plan as well as the purpose of the zoning ordinance. Residential use of the property is more compatible with the character of the area.
Ms. Shaw made a motion to recommend approval of the rezoning from the Commercial C-3 General Commercial District to the Residential R-1 Single-Family Medium Density District to the City Council. The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed. Those voting aye were Gott, Little, Damron, Phillips, Shaw, Johnson, Krennerich, Street. MOTION CARRIED, REQUEST APPROVED.
#4 RZ01-53 Farmer Enterprises rezoning from the Commercial C-3 General Commercial District to the Residential R-1A Single-Family High Density District for 12.737 acres located on a part of the NE ¼, SW ¼ of Section 23, T14N, R3E. The general location of the property is on the south side of Nettleton Avenue, east of Strawfloor Drive.
This is a step down in zoning from commercial to residential. The proposal is consistent with the Comprehensive Plan as well as the purpose of the zoning ordinance. Residential use of the property is more compatible with the character of the area.
Ms. Shaw made a motion to recommend approval of the rezoning from the Commercial C-3 General Commercial District to the Residential R-1 Single-Family High Density District to the City Council. The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed. Those voting aye were Shaw, Johnson, Phillips, Krennerich, Damron, Little, Street, Gott. MOTION CARRIED, REQUEST APPROVED.
#5 RZ01-56 Michael L. Thompson requested approval of rezoning from the Residential R-1 to the Commercial C-3 Limited Use Overlay District for 1.06 acres located on a part of the NE ¼, SE ¼ of Section 26, T14N, R3E. The general location of the property is on the north, northwest side of Paula Drive, west of Parker Road.
Glenn Batten, City Planner, pointed out that the proposal to change to C-3 does not contribute to orderly growth and development, does not protect the character of the nearby residential uses, and does not add to the efficiency and economy for development of the land and is not consistent with the purpose of the zoning ordinance. C-3 zoning would allow a wide range of commercial uses, some which would be totally incompatible and harmful to the neighborhood. Glenn stated that if blended in with the surrounding trees it could provide a positive transition into the neighborhood.
One neighbor spoke in opposition to C-3 zoning, stating that the felt C-5 zoning was more appropriate.
Skip Mooney, attorney for Mr. Thompson, stated they were seeking a change to a C-3 Limited Use to construct a building to house Dr. Thompson’s practice and may other doctors as well. Skip explained that had they sought a C-5 LU-O it would have limited the square footage of the building to less than the square footage that is needed. The proposed structure will have a residential appearance.
Mr. Krennerich made a motion to recommend approval of the C-3 LU-O zoning to the City Council with the following stipulations:
1. Use of the property shall be limited to professional offices with only one building allowed on the property;
2. The building shall be of residential character regarding outward appearance;
3. A strip of existing natural vegetation, at least 15 feet in width, shall be preserved along the south, west and north boundaries of the subject property;
4. Every effort will be made to blend the building into the existing natural environment
The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed. Those voting aye were Johnson, Shaw, Krennerich, Little, Damron, Gott, Street, Phillips. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#6 RZ01-57 Benny and Patricia Overman requested approval of rezoning from the Residential R-2 Multi-Family Low Density Distrcit to the Commercial C-1 Downtown Core Commercial District for all of Lots 7 & 8 and the north 33.33 feet of Lot 9, Block 4 of Matthews Addition. The general location of the property is on the east side of Bridge Street, north of Creath Avenue.
City Planner Glenn Batten informed the commissioners that this proposal was northeast of the large tract rezoned to C-1 last month. As part of the downtown, Mr. Batten explained that we need to consider both sides of the street when looking at the dividing line between commercial and residential areas. The proposal is consistent with the zoning ordinance as well as the compatibility of the surrounding area and the changes that are occurring there.
Betty Shaw, who also serves as President of the Downtown Central Planning Association, stated that the Downtown Association supports the rezoning for encouragement of redevelopment downtown.
A motion was made by Ms. Shaw and seconded by Mr. Little to recommend approval of rezoning to the City Council. Voting was 7 in favor, 1 abstaining. Those voting aye were Phillips, Shaw, Johnson, Street, Gott, Damron, Little. Those abstaining were Mr. Krennerich. MOTION CARRIED, REQUEST APPROVED.
#7 CU01-8 Central Baptist Church requested approval of a conditional use to allow a church to be constructed in the R-1 Single-Family Medium Density District. The address of the property is 3707 Harrisburg Road and the general location of the property is on the west side of Harrisburg Road, north of Forest Hill Road.
A motion to grant approval of the conditional use was made by Mr. Gott and seconded by Mr. Johnson. Voting was 8 in favor, 0 opposed. Those voting aye were Gott, Damron, Little, Phillips, Shaw, Johnson, Krennerich, Street. MOTION CARRIED, REQUEST APPROVED.
#8 SP01-5 Central Baptist Church requested of site development plans for a new church facility to be constructed at 3707 Harrisburg Road. The general location of the property is on the west of Harrisburg Road, north of Forest Hill Road.
Glenn Batten, City Planner, stated that all of the comments contained in his December 4, 2001, memorandum had been addressed and/or complied with. Glenn said of particular concern was impact traffic would have on the area and there may be a need to set aside right of way for a right hand deceleration and turn lane, a right lane for acceleration leaving the site, and a center turn lane at Forest Hill Road and the second entrance off Harrisburg Road.
Concerns were expressed by a neighbor regarding drainage from the site. Gene Vance stated that the improvements done on a temporary basis had been done to alleviate the drainage problems and that when the infrastructure is built it will be handled on a permanent basis. Mr. Vance said they were working very closely with the city to make sure the drainage is handled property. Two retention ponds will be located on site, one that will have water all the time and one that will only have water in it when it is raining. He further stated that they had replaced some drainage pipes that really wasn’t the church’s responsibility to replace.
A traffic engineer, Ernie Peters, has been hired to do a traffic study for the church and is designing the streets to best handle the traffic. It was noted that the right of way for Harrisburg Road is 30’ from centerline for a portion of the street and 40’ from centerline for remaining portion. Bill Panneck, representing the church, stated the church is working and will continue to work with the city and the state for the best possible traffic situation. If additional right of way is required for street improvements, the church will cooperate.
Teddy Hooton, from the City Engineer’s office, stated the engineering department was satisfied with the drainage calculations.
Mr. Street made a motion to grant approval of the site development plan based upon the statements made by the Contractor and by the Church regarding streets and drainage and their willingness to cooperate to properly develop the site. The motion was seconded by Mr. Johnson. Voting was 8 in favor, 0 opposed. Those voting aye were Street, Krennerich, Johnson, Shaw, Phillips, Little, Damron, Gott. MOTION CARRIED, REQUEST APPROVED.
#9 SP01-4 Hugh and Janis Brooks, dba Brooks Alternator & Starter Shop, requested approval of revised subdivision and site development plans. The address of the property is 2018 W. Washington Avenue and the general location of the property is on the northeast corner of Washington Avenue and Congress Circle.
Ms. Brooks stated they were not informed by the developer that direct access onto Washington Avenue was not allowed when they purchased the property from Mr. Macon. She stated that they proceeded with building on the site hoping that they would be allowed to keep their access. She further stated that there is utility pole guy wires extending into the parking lot that makes it difficult to maneuver the lot from the side and some vehicles may have trouble getting in and off the lot. The Planning Commissioners explained that limited curb cuts along Washington was done purposefully a couple of years ago. Washington is to be widened to four or five lanes and the potential existed for many curb cuts in a short distance. Several of the lots were limited to interior street access or by way of ingress/egress off adjacent lots.
Mr. Krennerich made a motion to disapprove the request with Ms. Shaw making the second. Voting was 8 in favor, 0 opposed. Those voting aye were Damron, Little, Gott, Street, Phillips, Krennerich, Johnson, Shaw. MOTION CARRIED, REQUEST DISAPPROVED.
#10 PP01-12 Bill Benton requested preliminary approval of the plans for Murray Wood Subdivision containing 19 lots on 11.79 acres. The general location of the property is on the north side of Neely Road, west of Neely Lane.
George Hamman, Project Engineer, stated they were in agreement with the City Engineer’s comments and would comply.
Mr. Krennerich made a motion to grant preliminary approval of the request with the stipulations that they comply with the “engineer” comments and acknowledging that the length of the cul-de-sac, which exceeds 400’ maximum, is approve based on the density of the development. The motion was seconded by Mr. Phillips. Voting was 7 in favor, 1 opposed. Those voting aye were Little, Gott, Street, Krennerich, Johnson, Shaw, Phillips. Those voting no were Damron. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#11 PP01-13 Kent Arnold requested preliminary approval of the plans for Key West Subdivision Phase I containing 36 lots on 9.408 acres. The general location of the property is on the east side of Paragould Drive, south of Cypress Springs Road.
Mr. Damron made a motion to grant preliminary approval of the subdivision based on the revised drawings presented tonight showing the alignment of opposing streets and access to properties east of this proposal. These are to be incorporated into the final plans. The motion was seconded by Mr. Krennerich. Voting was 8 in favor, 0 opposed. Those voting aye were Damron, Gott, Street, Krennerich, Johnson, Shaw, Phillips, Little. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#12 PP01-14 Kent Arnold requested preliminary approval of plans for Key West Subdivision Phase II containing 10.527 acres. The general location of the property is on the east side of Paragould Drive, south of Cypress Springs Road.
Mr. Damron made a motion to grant preliminary approval of the subdivision based on the revised drawings presented tonight showing the alignment of opposing streets and access to properties east of this proposal. These are to be incorporated into the final plans. The motion was seconded by Ms. Shaw. Voting was 8 in favor, 0 opposed. Those voting aye were Damron, Gott, Street, Krennerich, Johnson, Shaw, Phillips, Little. MOTION CARRED, REQUEST APPROVED WITH STIPULATIONS.
#13 RP01-67 Jim Abel requested approval of a replat of Lot 7, Block F of Woodland Heights Phase II; and Lot 8-19, Block F, Lots 16-27, Block E, Lots 1-7, Block G of Woodland Heights Phase III. The general location of the property is on the north and south sides of Lafayette Lane and the east and west sides of Charleston Drive.
A motion was made by Ms. Shaw and seconded by Mr. Damron to untable this request. All members present voting aye, MOTION CARRIED.
Carlos Wood, Project Engineer, explained that the subdivision was already approved and this replat was just a realignment of existing lot lines.
A motion to approve the project was made by Ms. Shaw and seconded by Mr. Damron. Voting was 8 in favor, 0 opposed. Those voting aye were Johnson, Shaw, Phillips, Little, Damron, Gott, Street, Krennerich. MOTION CARRIED, REQUEST APPROVED.
The meeting adjourned at 8:55 p.m.