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Minutes for the MAPC meeting on September 10, 2002.
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Metropolitan Area Planning Commission Minutes, September 10, 2002
MEMBERS PRESENT: Beadles, Vance, Damron, Gott, Street, Krennerich, Johnson, Shaw, Farmer
MEMBERS ABSENT: None
OTHERS PRESENT: Glenn Batten, City Planner; Phillip Crego, City Attorney; Claude Martin, City Engineer; Teddy Hooton, City Engineer, Brian Wadley, Planning Coordinator
A public hearing was held regarding the specifications for a site development plan. Approximately 5 to 6 people were in attendance for the hearing and addressed the Commission with requested changes and/or deletions.
The regularly scheduled meeting started at 7:00 p.m.
The minutes of the August 13, 2002, meeting were approved as prepared with correction of two typographical errors on page 4.
#1 RZ02-29 John Warmack, Warmack & Company LLC, requested approval of rezoning from the Residential R-1, Single Family Medium Density District to the Commercial C-3 Limited Use Overlay District for 139.96 acres located on a part of the SE 1/4, NW 1/4; and part of the NW 1/4, SE 1/4; and part of the NW 1/4, SW 1/4; and all of the NE 1/4, SW 1.4; and all of the SW 1/4, NE 1/4, all in Section 36, T14N, R3E. The general location of the property is on the east side of Southwest Drive, north of Kellers Chapel Road.
Only a 108 acres will be utilized at this time which will include four department stores, a cinema and 200,000 square feet of small shops along with parking for all with some out parcels. Traffic and drainage were issues of much discussion. Clyde Webb, project engineer, stated that a retention pond will be constructed toward the southeast corner of the site. The plan is to receive all water generated on this site into the pond along with water coming from the highway and eventually drain it to and under Culberhouse Street. This will not alleviate all problems in the Farm Creek Subdivision but it won’t create any more. Complete drainage calculations should be submitted to the City Engineer as soon as they are available. Discharge from the pond and the ability of the downstream facilities to handle it is a top priority item.
Glenn Batten, City Planner, addressed all questions contained in the zoning ordinance regarding the criteria for approval due to the magnitude of the project. The first question is whether or not the proposal is consistent with the Land Use Plan and the text of the Comprehensive Plan. The Land Use Plan does indicate major commercial along Southwest Drive in the way of a commercial node and regional commercial and therefore this proposal is consistent with those plans.
The next question is whether or not the proposal is consistent with the Zoning Ordinance which is to preserve and protect the public interest and to provide a public benefit. There are public costs and public benefits with any development and there are large impacts with a project this size. This proposal is consistent with the purpose of the zoning ordinance.
Compatibility with the surrounding zoning, uses and character is also to be considered. The area is much less intense than it will be if the mall is constructed. It is expected that many more rezoning requests will follow this proposal which will change the entire area. Careful planning on behalf of the city is encouraged to ensure that the growth is good and that all is done in a quality manner.
Could the property be developed as currently zoned was the next question which was answered that yes it could be developed into various forms of residential uses, but it was pointed out that the land for the mall has been assembled over a number of years and was not available for other uses.
The next issue to be addressed was to what extent would approval of the rezoning detrimentally affect nearby property. The primary effect will be the vast increase in traffic along with the noise, fumes, vibration, etc. An increase in property values can be expected as well as the potential for other non-residential uses.
The impact on community facilities was the next item addressed and probably is the most important issue that needs to be addressed. Traffic is the major issue to be addressed. There will also be an increased demand for fire and police protection. A traffic study prepared for Southern Hills Mall shows that traffic generated by the mall is expected to be 1.4 to 1.7 times greater than traffic volumes at any of the high traffic locations in Jonesboro. An average of 39,102 trips to the mall are expected daily with the majority of those using the Southwest Drive and Hwy 63 Bypass interchange. There are many acres of undeveloped land in this vicinity and in other areas in close proximity to Parker Road. Traffic issues need to be addressed now. The traffic engineer has provided a very good traffic analysis for the mall development which is very thorough and very detailed, but it is constrained in its scope. Mr. Batten stated that the MAPC should retain a traffic engineer to study some of the other areas in the outside fringes of the mall and see what improvements are needed in the other areas.
The traffic engineer would need to look at the interchange of Southwest Drive and 63 which is not a full and complete interchange at this time. Harrisburg Rd and 63, Culberhouse and Parker, Lawson Rd, Caraway Rd, Craighead Forest Road need to be studied as well as possibility of new streets between the radial streets. There are not many opportunities to get across at this time.
Utilities including water, sanitary sewer and electrical can be provided by CW & L without any major issues.
Consideration needs to be given now and in the future as to how the city will handle the increased demand on fire, police and emergency services and the need for facilities.
The widening of Southwest Drive is an accompanying change that may affect other zoning efforts in the area and it appears that a mistake was not made in forming the proposed land use pattern along Southwest Drive.
Mr. Batten stated that the long term benefits that will accrue to all citizens of Jonesboro are believed to far outweigh the public costs necessary to mitigate the impacts of the development and he recommended that the property be rezoned to C-3 LUO subject to the following stipulations:
1. Land uses to be permitted shall be limited to the following:
(a) Automated teller machine
(b) Bank or financial institution
(c) Convenience store provided it blends in with the appearance of the mall buildings
(d) Government service
(e) Hotel or motel
(f) Library
(g) Medical service/office
(h) Museum
(i) Office, general
(a) Parks and recreation
(b) Post office
(c) Recreation/entertainment, indoor and outdoor
(d) Restaurant, fast-food
(e) Restaurant, general
(f) Retail/service
(g) Service station provided it blends in with the appearance of the mall buildings
(h) Utility, major and minor
(i) Vehicle repair, limited and general but only as a part of or associated with a mall user
2. Prior to issuance of a zoning permit, the city must complete a study of the public drainage facilities that will serve as an outfall for storm water being discharged from the mall site.
3. Prior to issuance of a zoning permit, a traffic engineering consultant retained by MAPC must complete a study and improvement plan necessary to make the following street facilities adequate to become part of the street and road network serving the mall:
(a) Hwy. 63 bypass-Southwest Drive interchange;
(b) Hwy. 63 Bypass-Harrisburg Rd interchange;
(c) Lawson Rd.
(d) Caraway Rd.
(e) A new east-west road connecting the mall directly with Harrisburg Rd, Caraway Rd, and Stadium Blvd to feed traffic coming from the north to the south side of the mall. This connection appears to be essential in relieving “choke points” at Parker Rd and Southwest Dr; Parker Rd at Caraway Rd; and Parker Rd at Harrisburg.
4. Prior to issuance of a zoning permit the developer and the city must complete negotiations and engineering plans for improving and constructing an extension of Kellers Chapel Road between Southwest Drive and ultimately to Caraway Road. This road improvement is absolutely essential to the mall development.
Claude Martin, City Engineer, stated he would reserve his comments until he has seen and reviewed the drainage plans.
Commissioner Betty Shaw questioned if it was customary for the city to pay for such studies. Mr. Batten said it was appropriate for the city to fund it since it encompasses much more than just the mall area. Others wanted to know if the mall people would participate in the cost of this study. Mr. Farmer stated that this is a good example of why we should be continually planning and looking ahead. Mr. Farmer also wanted to know if the MATA committees were still meeting and looking at street and traffic issues. Mr. Batten stated that overall the city needs to be continually planning for drainage and streets and other issues and not get into a crisis situation.
No opposition was expressed by any in attendance.
Mr. Gott made a motion to recommend approval of the rezoning to the City Council with subject to the four (4) stipulations listed above as recommended by the City Planner. The motion was seconded by Mr. Damron. Voting was 7 in favor, 0 opposed, 1 abstaining. Those voting aye were Vance, Damron, Gott, Street, Krennerich, Johnson, Shaw. Those abstaining were Farmer. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#2 RZ02-30 Kaye & William Welch, and Connie & John Wood requested approval of rezoning from the Residential R-1, Single Family Medium Density District to the Residential R-2A Multi- Family Medium Density District for 7.0 acres located on a part of the South ½ of the South ½ of the NW 1/4 of Section 29, T14N, R4E. The general location of the property is approximately 250' north of Windover Road and approximately 1,100 feet west of Browns Lane.
Bill Weidower represented the buyers of the property. He stated that though they requested R2-A, an R-2 zoning might work as well. This would be the buffer between the commercial to the east and residential to the west. The proposal for the property is an apartment complex for persons 55 and over. There are no government subsidies or funding involved. A meeting was held with the area residents on September 9, 2002 to hear their concerns.
Shirl Strauser, representing most of the area residents, read to the Commissioners a memorandum representing the concerns and comments regarding the proposed rezoning. The principal reasons for opposing the rezoning were property devaluation, totally out of character with the single family homes on three sides of the property and further that this type of development and zoning is not compatible with comprehensive planning and orderly growth. Piece meal development presents a whole group of problems including streets and traffic control. There are many acres of undeveloped land in the area that should be planned for development.
Others pointed out that there were other more appropriate locations similarly zone that would currently support this type of development. There were approximately 55 to 60 people in attendance opposed to the rezoning.
Jerry Craft stated that an overall comprehensive plan should be developed for the whole tract instead of individual small tracts.
Glenn Batten, City Planner, stated that the proposed tract for rezoning was part of one of the prime pieces of land in Jonesboro. Mr. Batten stated that so many questions had come up as he started his review that he did not even complete the review and analysis. There were no survey flags in place and it was hard to even identify the tract in the field. The tract is served by a 90 foot roadway easement off Windover Road which is a question of legal access. One concern that immediately came up is how did they choose this site in the middle of this large tract of land. A 200' strip of land is left on one side which would be almost impossible to develop and then there is additional lands to the west and north and east that need to be looked at. Because of the difficulties being created by this 7 acres in the middle Mr. Batten recommended that this be tabled until an overall master plan is developed for the whole property. Proposed land uses, streets, drainage, utilities, etc. need to be addressed in an overall plan.
Ms. Shaw made a motion to disapprove the request for the following reasons:
1. This proposal does not compliment the integrity of the existing neighborhood as proposed;
2. The proposal is not compatible with adjoining development;
3. The surrounding areas would be detrimentally affected by the proposal
4. The proposal could possibly be considered to be spot zoning
5. Federal law does not allow discrimination on the basis of age, only Section 202 housing will
The motion was seconded by Mr. Street. Voting was 8 in favor, 0 opposed. Those voting aye were Farmer, Shaw, Johnson, Krennerich, Street, Gott, Damron, Vance. MOTION CARRIED, REQUEST DISAPPROVED.
#3 RZ02-31 Tipton Ross requested approval of rezoning from the Commercial C-5 Neighborhood Office District and the Commercial C-3, General Commercial District to the Residential R-3, Multi-Family High Density District for Lots 1,2,3 & 4 of Harrisburg Road Second Addition. The general location of the property is on the south side of Lakewood Drive, east of Matlock Drive.
City Planner Glenn Batten explained that this proposal is consistent with the Future Land Use Plan and the purpose of the Zoning Ordinance. The proposal is also consistent with uses in the surrounding area. The site is more suitable for residential development due to its distance from major thoroughfares and its interior location. Adjacent properties have been rezoned in recent weeks. It was pointed out that an offer to dedicate right of way for a major street between Harrisburg Road and Caraway Road had been rejected by city officials and therefore a residential class street will be built through part of this property.
Mr. Street made a motion to recommend approval of the rezoning to the City Council with Mr. Damron making the second to the motion. Voting was 7 in favor, 0 opposed, 1 absent. Those voting aye were Krennerich, Johnson, Farmer, Vance, Damron, Gott, Street. Ms. Shaw was absent during voting. MOTION CARRIED, REQUEST APPROVED.
#4 RP02-46 HAML Investments requested approval of Harrisburg Road Second Addition, a replat of Lot 3 of Harrisburg Road Addition into 5 lots. The general location of the property is on the south side of Lakewood Drive, east of Harrisburg Road.
A new street is dedicated on the replat that would connect to properties further east of this site. Street and drainage plans will need to be submitted for approval to the City Engineer.
Mr. Gott made a motion to approve the request subject to approval of the street design plans by the City Engineer. If plans are not satisfactory they should be referred back to MAPC. The motion was seconded by Mr. Krennerich. Voting was 7 in favor, 0 opposed, 1 absent. Those voting aye were Street, Gott, Damron, Vance, Shaw, Johnson, Krennerich. Mr. Farmer was absent during voting. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#5 CU02-13 Bennie Oswald requested approval of a conditional use to construct at auto repair shop in the Commercial C-1 Downtown Core Commercial District and the Commercial C-2 Downtown Fringe Commercial District. The address of the property is 407 W. Huntington Avenue and the general location of the property is on the south side of Huntington Avenue, west of Madison Street.
Glenn Batten, City Planner, explained that the standards for approval of a conditional use for a vehicle repair shop in these zoning districts were applied and this proposal is in keeping with those standards. Environmental issues will be addressed when the zoning permit is issued.
Claude Martin, City Engineer, noted that elevations provided on the site plan were assumed and actual elevations based on mean sea level are needed. Sidewalks to be constructed on the site should comply with ADA standards.
Mr. Street made a motion to approve the request with the stipulations that proper grade elevations be provided and compliance with ADA on sidewalk construction. The motion was seconded by Mr. Krennerich. Voting was 8 in favor, 0 opposed. Those voting aye were Damron, Gott, Vance, Farmer, Shaw, Krennerich, Johnson, Street. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#6 PP02-15 Mitchell Caldwell requested preliminary approval of subdivision plans for Caldwell Acres Fourth Addition containing 39 lots on 9.90 acres. The general location of the property is on the east side of Richardson Road, north of Keely Drive.
This item was withdrawn from the August agenda. All deficiencies in the plans that were discussed in August have been addressed and all corrections have been made. A temporary gravel connection between Keely Drive and Lexee Drive is needed until such time as a permanent connection is built in future phases.
When questioned about the lack of completed street improvements, Mr. Caldwell stated that paving should begin the latter part of next week.
Mr. Krennerich made a motion to approve phases four, five and six, which are items 6, 7 & 8, on this agenda with the stipulation that the developer make a loop connection from Keely Drive to Lexee Drive out of gravel at this time. The loop will be paved when future phases are built. The motion was seconded by Mr. Street. Voting was 8 in favor, 0 opposed. Those voting aye were Johnson, Krennerich, Shaw, Farmer, Gott, Damron, Vance, Street. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#7 PP02-16 Mitchell Caldwell requested preliminary approval of subdivision plans for Caldwell Acres Fifth Addition containing 19 lots on 4.30 acres. The general location of the property is on the east side of Richardson Drive, and is continuation of Keely Drive.
This item approved in the motion for item #6.
#8 PP02-17 Mitchell Caldwell requested preliminary approval of subdivision plans for Caldwell Acres Sixth Addition containing 19 lots 4.44 acres. The general location of the property is on the east side of Richardson Road, north of Keely Drive.
This item approved in the motion for item #6.
#9 SP02-1 Reconsideration of site development plans for NEA Clinic, a new medical clinic containing 8,477 square feet. The address of the property is 4901 E. Johnson Avenue, and the general location of the property is on the southeast corner of Johnson Avenue and Disciple Drive.
John Easley, project engineer, stated that his clients had decided to eliminate the access off Johnson Avenue and therefore no deceleration lane would be required. They will provide two accesses off Disciple Drive and the median will remain intact. Mr. Easley also asked for the removal of the deceleration lane into Disciple Drive and requests that if the city wants the decel lane at this location to pursue it with all of the property owners in the subdivision.
Glenn Batten, City Planner, stated he was in agreement with the idea of removing the driveway and turning lane from Johnson Avenue although there are still safety considerations that justify a turning lane at Disciple Drive. Mr. Batten said he encouraged NEA Clinic to take the leadership role in getting the church and other developers to participate in the installation of the turning lane.
Mr. Krennerich made a motion to approve the revised site plan and amend the May 14, 2002 minutes to remove the stipulation requiring NEA Clinic’s to install the deceleration lane; however, NEA Clinic still has the responsibility for development of the deceleration lane when such time can occur. Cornerstone Church is to be notified that this has become a requirement of their development and/or any other property owner(s) in the development for all future requests for development. The motion was seconded by Mr. Vance.
Voting was 8 in favor, 0 opposed. Those voting aye were Street, Farmer, Gott, Shaw, Damron, Johnson, Vance, Krennerich. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
In other business, Mr. Street made a motion to nominate Mr. Krennerich to be vice-chairman of the MAPC. Hardy Little, who has been replaced on the commission by Gene Vance, was vice-chairman of the commission. The motion was seconded by Mr. Johnson and adopted by acclamation.
Additional information may be obtained at City Hall, 515 W. Washington Avenue, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.