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METROPOLITAN AREA PLANNING COMMISSION
OCTOBER 11, 1994
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MEMBER PRESENT: Coleman, Damron, McCracken, Finley, Beadles, Pitts, Shaw, Phillips and Little (present for last two items)
MEMBERS ABSENT: None
Minutes of the September 13, 1994 meeting were approved as prepared.
#1 RZ94-29 Ronney Montgomery requested approval of rezoning from R-1 to C-3 for 48.16 acres located on the south side of Highway 63 Bypass, east of Woody Lane.
It was noted that there are several commercial uses in the area north of this property, most of which are outside the city limits. Ms. Shaw made a motion to approve the request as submitted, seconded by Mr. Damron. Six voted aye, 0 no, one absent for vote. REQUEST APPROVED.
#2 RZ94-30 Larry and Rilla Roberson requested approval of rezoning from R-1 to I-2 for 17.55 acres located on the northeast corner of Johnson Avenue and Floyd Street and a portion of the 2.96 acre tract on the southeast corner of Johnson Avenue and Floyd Street.
It was noted that the majority of the property lying south of Johnson and west of Johnson is already zoned I-2. Mr. McCracken made a motion to approve the rezoning request, seconded by Mr. Damron with 6 voting aye, 0 no, one absent for vote. REQUEST APPROVED.
#3 MP94-41 Larry and Rilla Roberson requested approval of a two lot minor plat containing 20.51 acres. The property is located on the northeast and southeast corners of Johnson Avenue and Floyd Street.
Mr. McCracken made a motion to approve the request subject to:
1. 100' easement extending south from the north property line
2. A street improvement agreement being entered into for Floyd Street
3. Clarification of centerline right of way on Floyd Street
4. Show easements pertaining to the bridge on Floyd
Mr. Damron seconded the motion, 6 voted aye, 0 no, one absent for vote. REQUEST APPROVED WITH STIPULATIONS.
#4 RZ94-31 Ruben Griffin requested approval of rezoning from R-1 to I-1 for Lot 20 of the Replat of Benton's Subdivision. The property is located on the northeast corner of Valley View Drive and Thompson Drive.
Jack Ladyman spoke in opposition. His residence is across Valley View Drive from the property. Mr. Ladyman stated the property is surrounded by residences and diagonally across is Valley View School. As a member of the Craighead County Emergency Committee, he opposes warehouses around school sites because of possible storage of hazardous chemicals with associated dangers.
Gene Jones and Betty Hall also spoke in opposition to the request for I-1 zoning in an R-1 area.
Ms. Shaw made a motion to deny the request based on spot zoning. Ms. Finley seconded. Seven voted aye, 0 no, REQUEST DISAPPROVED.
#5 RZ94-32 Robin Holeman requested approval of rezoning from R-1 to R-2 for Lot 16 of the Travis Addition. The property is located at 704 Pickering Drive, west of South Culberhouse Street.
There are presently, single family and multi-family homes on the street as well as other business uses on Pickering Drive. Ms. Holeman currently has a daycare for five children that she wants to expand to accommodate ten children. State licensing is required which requires a letter concerning the zoning of the property. Ms. Finley stated that more in home daycares are needed so that children in the various neighborhoods have a place to go for properly licensed child care.
Ms. Holeman offered to do whatever is necessary to achieve the proper zoning including a voluntary deed restriction that would run with the land that would limit the use of the property to either a daycare or a single family home.
Ms. Finley made a motion to approve the request based on the voluntary action of Ms. Holeman to obtain through an attorney, a covenant to be filed in the deed records, stating that when the property ceases to be used as a daycare that it will revert back to a single family use only. The City Attorney is to approve the legal document once it is prepared. Ms. Shaw seconded the motion. Six voted aye, one no, REQUEST APPROVED WITH STIPULATION.
#6 RZ94-33 Bob Harrison requested approval of rezoning from R-2 to R-1 for the east 60' of Lot 8, Block B of Southside Estates 2nd Addition. The property is located on the north side of Greenmeadow Lane, east of Parker Annex Road.
Mr. McCracken made a motion to approve the rezoning, seconded by Ms. Shaw. Seven voted aye, 0 no, REQUEST APPROVED.
#7 RP94-54 Bob Harrison requested approval of a replat of Lots 6 & 8, Block B of Southside Estates Second Addition. The property is located on the northeast corner of Greenmeadow Lane and Parker Annex Road.
Mr. McCracken made a motion to approve the replat, seconded by Ms. Finley. Six voted aye, 0 no, one absent for vote. REQUEST APPROVED.
#8 RZ94-34 Farmer Enterprises, Inc. requested approval of rezoning from R-1 to C-3 for 44.68 acres located on the north side of Highway 63 Bypass, east of Moore Road.
It was noted that properties in the area were rezoned in recent weeks to industrial zoning. Mr. Farmer stated that his main reason for rezoning the property is to accommodate a "Welcome to Jonesboro" sign. This property is the southern city limit at this location.
A motion to approve the request as submitted was made by Ms. Finley and seconded by Dr. Beadles. Seven voted aye, 0 no. REQUEST APPROVED.
#9 SU94-15 J. C. Hall, Jr. requested approval of placement of a mobile home at 1009 Mays Road.
Mr. Damron made a motion to approve the request, seconded by Ms. Finley. Seven voted aye, 0 no. REQUEST APPROVED.
#10 SU94-16 Linda and Charles Bryant requested approval of placement of a mobile home at 2106 Barnhill Lane.
Mr. McCracken made a motion to approve the request, seconded by Ms. Shaw. Seven voted aye, 0 no. REQUEST APPROVED.
#11 SU94-17 Bernard Watkins requested approval of placement of a mobile home at 5318 Harrisburg Road.
Ms. Shaw made a motion to approve the request, seconded by Mr. Pitts. Seven voted aye, 0 no. REQUEST APPROVED.
#12 FP94-17 Ted Troutman requested final approval of subdivision plans for Troutman's Addition containing 7 lots on 5.0 acres more or less. The property is located on the east side of Crowleys Ridge Road, south of Branchwood Drive.
Mr. McCracken made a motion to approve the request subject to the street named being changed to a cove. The motion was seconded by Mr. Pitts. Seven voted aye, 0 no. REQUEST APPROVED WITH STIPULATIONS.
#13 FP94-18 Keith Petrek requested final approval of subdivision plans for Hannah Hill Estates containing 12 lots on 5.25 acres. The subdivision is located on the east side of Culberhouse Street, north of Hunters Ridge Drive.
Neighbors from all sides had concerns about storm water drainage from this subdivision. Efforts to work out easements with residents to the east and south have not been successful. Several ideas, including a retention basin, boring under yards, terracing, etc... were all discussed. Mr. McCracken stated that only four and one half lots plus half of the street is all that would drain east toward Brentwood. The west side would drain to Hunters Ridge Drive. The north half is going to Brentwood, being Lots 9, 10, 11 and 12, and half of the street. Recalling two other subdivisions the MAPC dealt with in the past with similar circumstances, adjoining property owners, in order to have underground drainage, would have to give easements. If they did not want to grant easements, the subdivision would be approved with surface drainage. That left it up to the adjoining owners as to how they wanted it to be done. If the property owner does not agree to an easement, the developer would be required to put in something that would slow the flow of surface drainage.
Drainage pipe will be installed in an existing drainage easement in the Brentwood Addition by the developers of this proposed subdivision with possibly some City participation.
Mr. McCracken made a motion to:
1. Approve without stipulation, Lots 1, 2, 3, 4, 5 and 12, that being the Lots in the west side of the subdivision
2. Further approve 6, 7, 8, 9, 10, and 11 with the stipulation that the developer install underground pipe between Lots 9 and 10 and carrying pipe across to Brentwood provided the necessary adjoining property owners grant easements to enable the developer to install that pipe.
3. The developer providing indemnity to property owners regarding any responsibilities or liabilities they might have as a result of granting the easement. That document to be prepared at the developers cost.
4. In the event the necessary easements are not obtainable to permit the installation of underground pipe, revised drainage plans be resubmitted to MAPC for public meeting so we can address the drainage structures and take whatever action we feel will be appropriate in regard to drainage structures that can be above ground.
5. The developer to be responsible for complete restoration and sodding of any areas that are disturbed as a result of putting this pipe in. It will have to be put back the way it was before, totally at his cost.
Ms. Finley seconded the motion with 6 voting aye, 2 no, REQUEST APPROVED WITH STIPULATIONS.
#14 FP94-19 Lawrence Stallings requested final approval of subdivision plans for Sunny Meadow acres containing 6 lots on 1.10 acres. The property is located on the south side of Sunny Meadow Drive, east of Caraway Road.
Mr. McCracken made a motion to approve the request subject to a 7.5' drainage easement being granted on the east side of Lot 6. The motion was seconded by Ms. Finley. Seven voted aye, 0 no. REQUEST APPROVED WITH STIPULATION.
#15 PP94-20 Todd Jackson requested preliminary approval of subdivision plans for Lexington Estates containing 34 lots on 9.02 acres. The property is located on the east side of Wood Street, south of Plantation Oaks.
Citing severe deficiencies in the plans including lack of drainage plans, lack of field staking, adjacent areas not being shown for sufficient evaluation Mr. Pitts made a motion to disapprove the request. The motion was seconded by Ms. Shaw. Four voted aye, three voted no, REQUEST DISAPPROVED.
#16 PP94-21 Delta-Coleman, Inc. and Paul Throgmartin requested preliminary approval of subdivision plans for Throgmartin Estates Phase I containing 10 lots on 4.35 acres. The property is located on the north side of Prospect Road, east of Paragould Drive.
Ms. Finley made a motion to approve the request subject to:
1. Redrawing of plat to show Troy as a Cove, Tawn Drive being changed to a through street and Golden being changed to Elizabeth
2. Street improvements being included on the existing gravel portion of Elizabeth.
Mr. McCracken seconded the motion, 8 voted aye, 0 no, REQUEST APPROVED WITH STIPULATIONS.
Chairman Coleman informed the Commission that next month's meeting falls on November 8 which is Election Day. We have a choice, meet as usual, delay it for a little while till polls close, or, postpone the meeting to another night.
A motion was made by Mr. Pitts and seconded by Ms. Shaw to meet at 7:30 p.m. on November 8. Voting was 5 aye, 2 no, one abstaining. MOTION CARRIED.
Mr. Coleman also presented to the Commission representing research that Mr. McCracken had done on right of ways. Mr. McCracken had been requested to provide some background information for new members concerning right of ways and more particularly the Vuncannon case that is being tossed around. This is to help members know what has taken place and the decision in that case.