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Minutes for the MAPC meeting on November 8, 2005.
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Metropolitan Area Planning Commission Minutes, November 8, 2005
Commissioners Present: Beadles, Gott, Day, Roberts, Krennerich, Harpole, Halsey, Moore, Sawyer.
Commissioners absent: none
Staff Present: Martin, Rook
Chairman Beadles called the meeting to order at 7:00p.m.
Chairman Beadles announced prior to calling the meeting to order that item FP-05-10 had been withdrawn by the applicants, and that item PP-05-11 would not be considered due to not meeting city guidelines.
On a motion by Dr. Sawyer and seconded by Mr. Gott, the minutes of the September 13, 2005 meeting were approved by unanimous vote.
On a motion by Dr. Sawyer and seconded by Mr. Harpole, the minutes of the October 11, 2005 minutes were approved by unanimous vote.
1. FP-05-10 CHASTAIN DEVELOPMENT, LLC request final plat approval for WINDSOR LANDING PHASE IV, A 37-lot residential subdivision on 11.09 acres in an R-1 Single-Family Medium Density District. The subject property is on the west side of Clinton School Road. THIS ITEM WAS WITHDRAWN BY THE APPLICANT PRIOR TO THE MEETING.
2. PP-05-11 THE PROVIDENCE GROUP, INC. request preliminary and final plat approval of CRAIGHEAD ESTATES, a 55-lot residential subdivision on 75.37 acres in an R-1 Single-Family Medium Density District. The subject property is on the south side of Magnolia Road, east of Prescott Lane. THIS ITEM WAS NOT HEARD DUE TO NOT MEETING CITY GUIDELINES.
3. RZ-05-29 RICHARD AND PATSY FOSTER request rezoning from R-1 Single-Family Medium Density to C-3 General Commercial for a 2.21 acres parcel on the EAST SIDE OF HIGHWAY 141 JUST SOUTH OF PHILADELPHIA RD.
Skip Mooney, Jr., Attorney, was present as proponent for this item. Stated that his client has owned this property for 20 years and has had no development during this time. The property owner’s brother has property just north of this parcel and this property is zoned commercial. The property in request is on major 4 lane road and was zoned R-1 when it was brought into the city. Stated that commercial would be the best use of this property. Property owner should have right to use this as commercial and this would not take away from any property in this area. Stated that if you turn right onto Philadelphia road there is no development on right side for about a mile. Would request this rezoning be approved by the Commissioners. Requested that Mr. Foster be allowed to speak to the Commission after the opponents speak.
Randy Ishmael, 226 W Philadelphia Road, Lawyer speaking as home owner and representing opponents to this request. Chairman Beadles ask for those present that oppose stand. Approximately 25 persons stood, Mr. Ishmael at this time submitted signatures of 75 opposed. Chairman Beadles ask if all persons listed lived in the area, and was told that most lived in the area and a few attends the Philadelphia Church. Mr. Ishmael disagreed with the “major highway”, Church Street/Hwy 141 is a city street, it is 4 lane at this point, and becomes 2 lane about a mile past this location. Mr. Ishmael stated they are not here to oppose change in the area. They are here to support planning and order in this community and to avoid, as this commission has supported, spot zoning. The opponents do not feel that this is a contribution to this community by this zoning change. Mr. Ishmael presented photos of houses in the area from different directions standing on the property, showing no commercial property in the area. Mr. Ishmael showed the property Mr. Foster’s brother has that is zoned commercial by the commission when property brought into the city. Chairman Beadles stated the property was zoned commercial because it would have not been in compliance. Mr. Ishmael stated the property is leased to Crowley’s Ridge Development Council, a very quite type of commercial use. Mr. Ishmael presented a board with enlarged map showing the area on Hwy 141, to be only residential, except for the Crowley’s Ridge Development. He stated they do not want the Commission to act as policeman to aid in stopping development, they ask that the Commission avoid spot zoning and anything not in character with the community. Let there be a plan for north Jonesboro as there has been a plan for other parts of Jonesboro. Chairman Beadles ask if anyone, other than Mr. Ishmael wanted to say something that had not already been stated. Mr. Joseph Clark who lives 4 blocks from proposed site, noted there is no commercial in the area, except for what was “grandfathered in”.
Mr. Foster came forward to speak, stating he had owned this property and paid taxes on it for 18 years since inheriting at his mother’s death. He tried to have this done in 2000 and only got this far. He and his son wants to buy and sell used equipment and maybe put up a fence. This property in question has been under water several times and has a large ditch behind the property. Mr. Foster said if this is residential why has he never been approached by anyone to propose using for this purpose. Has been approached by developers to use for apartments. He stated that his house is 625 ft. from this property and will be affected more than anyone. The property will have to be built up whatever purpose it is used. Does not think this property should have ever been zoned R-1. There is commercial in the area and that the property where Crowley’s Ridge Development council is located is rental and could change at any time. He is not a development company and will not be moving out of the area, does not think anyone who does not live in the immediate area should have a say in the matter. Does not agree with some of the changes in the area but feels he can live with them.
Sherry Broadway came forward to oppose, lives directly across from property, Mr. Foster has had equipment on this property. Does not understand why he cannot put on property directly across from his house.
Chairman Beadles asked commissioners for discussion or a motion. Commissioner Krennerich made motion that they deny the request stating there is ample commercial property on 141, and that we as a commission have gone on record against linear commercial and there is enough commercial up and down 141 that is not being utilized, therefore it should be left as is. Commissioner Gott seconded. The vote was 5/4 to deny the request with Chairman Beadles casting the deciding vote. Chairman Beadles advised applicant that he could appeal to the City Council and it would be up to him to get it on the council agenda.
4. RZ-05-30 RAY AND ALICE BRIDGER request rezoning form R-1 Single-Family MEDIUM Density Residential to C-3 General Commercial for a 4.125 acre parcel on the south side of Hwy 49 just east of Old Bridger Road.
Skip Mooney, Jr. Attorney spoke as proponent for request for Mr. and Mrs. Ray Bridger again stated location of property. The property directly behind is owned by Mr. Phillips and all the property in this area is well maintained and mowed. Most of the residents in the area are Bridgers. This property is in the Farrville area and again it was brought into the city as R-1 and Johnson Avenue in this area is four laned with turn lane. There is a lot of development in this area with several Banks moving out to this area. There is now an Ace Hardware built in the area, and then driving down this area you will see several realty signs on property for sale, stated that he thought this is because that the City Council approved a large commercial area at the intersection of Johnson Ave. and Old Paragould Hwy. There are several commercial properties that are being developed in this area with a large commercial tract being developed by Kent Arnold. Because of this fact my clients believe that commercial is the best use of this property. Mr. and Mrs. Bridger no longer live in this area but still have property and family in the area. They would like to sell this property but there is no immediate planned use for this property, they respectfully request that this commission recommend approval to the City Council that this property be rezoned from R-1 Single-Family Medium Density Residential to C-3 General Commercial.
Scott Bridger spoke as representative for those opposed to this request. At this time Chairman Beadles ask that those present that opposed this request to stand, approximately 20 people stood. Again Scott Bridger stated that he lives at 5715 Johnson Ave. which joins the property in request. His uncle Ray Bridger owns the property and lives in Gainesville, Ga., which is 500 miles away from this property. Stated that he wants to sell property for monetary value and not the betterment of the community. This land has not been developed because his grandparents that owned the property chose not to. After the death of his grandmother he purchased the house and property it sets on, and the land adjacent was deeded to his uncle. The property is located on a 5 lane road, but if you are traveling from Paragould to Jonesboro you will notice there is a hill that blocks the view of the commercial property from this area. There has been increased traffic because of the housing development in this area. Mr. Bridge had copy of land use development dated 08/15/96 which states that this land was brought into the city as R-1 and they feel it should stay this way. The property is on corner of Johnson and Old Bridger Road which would handle traffic from residential area. We feel this would be spot zoning because it would be in the middle of residential, and granted there is commercial property on the west side of the road and completely out of sight because of the terrain, it is my understanding the commercial properties that are close to the Farrville curve were “grandfathered in” when it was brought into the city and were already commercial. We ask that the commission deny this request.
Chairman Beadles asked commissioners for questions or a motion. Commissioner Krennerich made motion to deny the request stating that this commissioner has gone on record as being against strip commercial along Hwy 49 north and feels there is ample commercial between Hwy 351 and the new Ace Hardware Store, we should follow the land use plan and recommend that the request be denied. Commissioner Gott seconded. The request was denied with a vote of 5/3. Chairman Beadles advised that they could appeal to the council and they would need to get this on their agenda. Chairman Beadles adjourned the meeting at approximately 7:50 p.m.