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Minutes for the MAPC meeting on December 14, 2004.
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Metropolitan Area Planning Commission Minutes, December 14, 2004
MEMBERS PRESENT: Vance, Damron, Gott, Moore, Harpole, Day, Johnson
MEMBERS ABSENT: Krennerich, Beadles
OTHERS PRESENT: Claude Martin, City Engineer; Ron Shipley, Acting City Planner, Jeremy Bevill, City Engineer; Phillip Crego, City Attorney; Brian Wadley, Planning Coordinator
The minutes of the November 9, 2004 meeting were approved as prepared on a motion by Mr. Vance, second by Mr. Day and unanimous vote.
#1 CU04-17 Larry Carter requested approval of a conditional use for placement of a manufactured home, residential style, in the R-1, Single Family Medium Density District. The address of the property is 4918 Prospect Road, on the north side of Prospect Road, east of Gerald Drive.
Mr. Carter informed the commission of his plans to place a 2,000 square foot manufactured home on the property which is three acres. Their plans are to purchase the property and replace the existing manufactured home on the rear of the property with a newer one for his son and place the double wide on the front acreage for himself.
Opposition was expressed by some in attendance particularly with regard to allowing the placement of additional manufactured homes in the area. They wanted to see the area to continue to develop as it has for the last 15 years.
One opponent spoke of a mobile home on the property now that is in deplorable condition and is not livable at this point and stated that the property has not been maintained.
It was noted that proper notifications were sent to property owners in the area as required.
Mr. Gott made a motion to disapprove the request with Mr. Harpole making the second. Voting was 6 in favor, 0 opposed. Those voting aye were Gott, Vance, Moore, Harpole, Day, Johnson. MOTION CARRIED, REQUEST DISAPPROVED.
#2 CU04-19 Teri McGinnis requested approval of a conditional use for placement of a manufactured home, residential style, in the R-1, Single Family Medium Density District. The address of the property is 4121 Kellers Chapel Road.
Mr. McGinnis stated that his father owns property there and some of it is available for he and his wife to place their home if approved. Notifications were sent to adjacent owners as required and he said no one objected that he knew of.
When questioned, Mr. McGinnis stated that plans were to place the home toward the center of the property and not close to the road.
It was explained that all applicable codes would have to be met prior to occupancy.
A motion to approve the request was made by Mr. Day and seconded by Mr. Johnson. Voting was 6 in favor, 0 opposed. Those voting aye were Johnson, Day, Harpole, Moore, Gott, Vance. MOTION CARRIED, REQUEST APPROVED.
#3 RZ04-17 J. T. Barr requested approval of rezoning from the Residential R-1, Single-Family Medium Density District to the Residential R-2 LU-O, Limited Use Overlay District for Lots 1, 2 & 3 of Key’s Replat of Lot 6 of Pine Hills Subdivision. The property is located in the 900 of block E. Craighead Forest Road and the general location of the property is on the south side of E. Craighead Forest Road, approximately 1,000 feet west of Harrisburg Road.
Glenn Lovett, Attorney for Mr. Barr, stated that this proposal contains approximately 2.5 acres and has some multifamily dwellings on it now that were present at the time of annexation in 1989. The former Craighills Golf Course is across the street and it is zoned R-2. Mr. Barr plans to remove one unit from the property and add 22 new units for a total of 29 units. The new units would be similar to those at Flint and Elm and be above average. Mr. Lovett stated that the comprehensive plan shows this area to be developed as a medium density residential area.
Jeff Cooper, an adjacent owner to the south, stated that he built a nice home on acreage bordering on the south side and knew that it was zoned R-1 on all sides. Mr. Cooper stated that apartments here would create problems for the area with trespassing and liability issues. Problems have been encountered with tenants currently on the site particularly the threat of property destruction. This many apartments would not be in character with surrounding developments.
A motion by Mr. Vance and second by Mr. Gott to not recommend approval to the City Council was withdrawn prior to concluding the voting and at the request of Mr. Lovett.
Mr. Lovett asked if there were any concerns he could address any questions that he could answer. Mr. Vance stated that he just did not think that this was the proper place for apartments. The direction that this area is headed with the subdivisions already in place and plans for the north side for more single family development further confirms that apartments are not appropriate for this area.
WITHDRAWN.
#4 RZ04-26 John & Connie Wood, William & Kay Welch, Brandon Jarman, Mandy Breaker, and Chris Breaker requested approval of rezoning from the Residential R-1, Single-Family Medium Density District to the Commercial C-3, General Commercial District for 12.83 acres located on a part of the south one half of the south one half of the NW ¼ of Section 29, T14N, R4E, Jonesboro, Craighead County, Arkansas being more particularly described as follows: Begin at the center of Section 29, T14N, R4E; thence S89°04’00”W 50.01’; thence N00°10’54”E 239.01’ to the point of beginning proper; thence S89°02’00”W 220.00’; thence N00°10’54”E 52.00’; thence S89°02’00”W 600.00’; thence S00°10’54”W 264.83’ to a point on a curve, said curve being the northerly right of way of Windover Road; thence along said curve to the left 77.39’ (radius 445.39’); thence leaving said right of way S89°02’00”W 302.88’; thence N00°10’54”E 658.93’; thence N89°03’32”E 1195.07’ to a point on the west right of way of Browns Lane; thence S00°10”54”W along said right of way 419.39 to the point of beginning proper, containing 12.83 acres, more or less, subject to all rights of way and easements of record.
Terry Bare, Project Surveyor, stated that a church is being planned for a portion of this property. The remaining part of the property to the east would be available for other commercial development. Mr. Bare said he had met with a property owner from The Briars Subdivision who expressed concerns about drainage from this area entering his subdivision where there are currently problems. This owner also expressed concern about the C-3 zoning without a limited use. Mr. Bare said all of those issues would be addressed on the site development plans which would be submitted to the Planning Commission for approval. These concerns were relayed to the owners and to the church who in turn researched the approved uses for the Dacus property which is adjacent and has a C-3, LU-O zoning classification. They have accordingly changed their request to an LU-O which would include uses as follows: an automated teller machine, bank, medical office, utility minor, churches and as a conditional use retail service could be approved by the Planning Commission. They have gone further and the current and future owners have signed an agreement stating that all drainage concerns will be addressed as required by the City of Jonesboro. (see attached agreement)
Kent Gibson, an adjacent owner in the Briars Subdivision, stated his neighborhood was very concerned by the C-3 zoning request beyond their back yards and an unconditional rezoning would be unjust. They are not opposed to a church development per say.
Access to the property is a concern as well as utility availability to other properties in the center of the Hill tract. With regard to access, Mr. Gibson stated that the remaining road frontage on Windover Road should be developed as a public access instead of a private drive for the church. This would provide access to future developments to the north. If not developed as a street, access to the landlocked areas would be through two residential subdivisions, the Briars and Indian Trails. There are no major thoroughfares elsewhere. Mr. Gibson stated that the owners in the Briars would like to see a 100’ greenway maintained between the church and their subdivision as an appropriate buffer. Most of their back yards are 100’ deep as well. Photographs showing drainage problems were distributed to the Planning Commission. Severe drainage problems have been encountered recently and they cannot take any more surface water. The homes here are very expensive. Mr. Gibson stated that they wanted further restrictions placed on the property which would stop the rezoning in alignment with the west property line of the Dacus property. Up to that point, the C-3, LU-O as they have proposed would be agreeable. From the west line of the Dacus property to the west line of the proposed rezoning they would like restricted to C-3, LU-0 for church use only. The remaining property extending to the Briars should remain R-1.
Ken Stallings, Pastor of The Church of The Nazarene, said the church approached the owners to purchase the property. The master plan for that property seemed to fit the church’s needs. The church would also serve as a buffer between the residential areas and the commercial areas.
Mr. Vance made a motion to recommend approval of the proposal to the City Council as follows: A. C-3, LU-O with uses limited to an automated teller machine, bank, medical office, utility minor, churches and as a conditional use retail service could be approved by the Planning Commission is recommended for the acreage beginning at a line that would be continued northward in alignment with the west line of Lot 1 of Dacus 2nd Addition and proceeding east,
B. C-3, LU-O with uses limited to a church for the portion of the acreage in the rezoning proposal that is west of the Dacus 2nd Addition
The motion was seconded by Mr. Day. Voting was 5 in favor, 0 opposed, 1 abstaining. Those voting aye were Harpole, Day, Johnson, Vance, Gott. Those abstaining were Moore. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#5 CU04-18 John & Connie Wood, William & Kay Welch, Brandon Jarman, Mandy Breaker, and Chris Breaker and The Church of the Nazarene requested approval of a conditional use for construction of a church in the R-1, Single Family Medium Density District. The property is located in the 1000 block of Windover Road, on the north side of Windover Road, approximately 900 feet west of Browns Lane.
Mr. Bare submitted a sketch proposal showing various items on the site and stated that a much more detailed plan would be developed if the use is approved.
Mr. Vance made a motion to approve the conditional use with the stipulation that a complete site development plan would have to be submitted to the Planning Commission that would address all of the drainage issues, the buffer issues and all other items typically reviewed on a site plan. The motion was seconded by Mr. Day. Voting was 5 in favor, 0 opposed, 1 abstaining. Those voting aye were Day, Vance, Gott, Johnson, Harpole. Those abstaining were Moore. REQUEST APPROVED WITH STIPULATIONS.
#6 RZ04-27 Johnny Allison and JoAnn Nalley requested approval of rezoning from the Residential R-1, Single-Family Medium Density District to the Commercial C-3, General Commercial District for 3.78 acres located on a part of the SE ¼, NW ¼ of Section 28, T14N, R4E, Craighead County, Arkansas, more particularly described as follows:
Tract 1 - From the center of said Section 28; thence N89°54’57”W 101.40 feet along the south line of the SE ¼, NW ¼ of said Section 28 to a point; thence North 53.66’ to the point of beginning; thence S87°11’41”W 197.13’ along the northerly right of way of Race Street to a point; thence S81°21’54”W 17.94’ along the right of way of Race Street to a point; thence N89°54”57”W 172.05’ along the right of way of Race Street to a point; thence N00°58’48”E 311.65’ to a point; thence S89°54’57”E 428.64’ to a point on the westerly right of way of Arkansas Hwy #1; S00°56’26”W 258.87’ along the westerly right of way of Arkansas Hwy #1 to a point; thence S47°03’37”W 58.79’ along the westerly right of way of Arkansas Hwy #1 to the point of beginning; containing some 3.0 acres, more or less, subject to a utilities easement on the south and east sides as shown on the recorded plat thereof (Book #F, Pg 51)
Tract 2 - Begin at the center of Section 28 aforesaid; thence north 89°54’57”W 101.40’ along the south line of said SE ¼ NW ¼; thence north 53.66 feet to a point on the northerly right of way of Race Street; thence north 47°03’37”E 58.79’ along the right of way of Arkansas Hwy #1; thence north 00°56’26”E 258.87’ along the westerly right of way of Arkansas Hwy #1 to the point of beginning proper; thence north 89°54’57”W 428.64’; thence north 00°58’48”E 101.65’; thence south 89°54’57”E 103.57’; thence S00°56’26”W 30’; thence south 89°54’57”E 325.0’ to a point on the westerly right of way of Arkansas Hwy #1; thence south 00°56’26”W 71.65’ to the point of beginning proper, containing .78 acre, more or less, and being subject to a utilities easement along the east side thereof.
The address of the property is 2525 Stadium Boulevard and the general location of the property is on the northwest corner of Stadium Boulevard and Race Street.
A motion to recommend approval of the request to the City Council was made by Mr. Day and seconded by Mr. Gott. Voting was 5 in favor, 1 absent. Those voting aye were Gott, Day, Johnson, Harpole, Vance. Ms. Moore was absent during voting. MOTION CARRIED, REQUEST APPROVED.
#7 RZ04-28 Carl Hollis requested approval of rezoning from the AG, Agricultural District to the Residential R-1, Single-Family Medium Density District for Lots 1 & 2 of Hollis South Caraway Road Addition. The address of the property is 6011 and 6013 S. Caraway Road and the general location of the properties are on the west side of Caraway Road, north of the Missouri Pacific Railroad.
WITHDRAWN.
#8 CU04-20 Sulcer Real Estate Rentals requested approval of a conditional use to construct a 16 unit apartment complex in the Industrial, I-1, Limited Industrial District on Lot 5 of the replat of the replat of Lots 4, 5 & 6, Block B, White Plaza. The general location of the property is on the south side of Conrad Drive, approximately 600’ west of Caraway Road.
George Hamman, Project Engineer, stated that he prepared the site plan and had received the engineering comments and they were in agreement with them. Detailed site plans will be prepared if approval of the use is granted.
Mr. Vance made a motion to grant approval of the conditional use with Mr. Harpole making the second. Voting was 6 in favor, 0 opposed. Those voting aye were Moore, Vance, Gott, Harpole, Day, Johnson. MOTION CARRIED, REQUEST APPROVED.
#9 AZ04-1 Chastain Development, LLC requested approval of annexation and a zoning classification of Residential R-2, Multi Family Low Density District for 40.623 located on all that part of the East Half of the SW ¼ of Section 1, T14N, R4E, Craighead County, Arkansas lying North of Drainage Ditch, less and except the North 210.0 feet of the East 420.0 feet and being more particularly described as follows:
Commencing at the Northeast corner of the NE ¼, SW ¼ of said Section 1; thence S00°48’27”W 210’ to the point of beginning proper; thence continue S00°48’27”W 1328.65’ to the center line of ditch; thence along said ditch as follows; thence S85°55’23”W 27.16’; thence N82°11’57”W 71.66’; thence N27°13’41”W 31.92’; thence N48°50’02”W 31.06’; thence N80°15’31”W 28.65’; thence S84°35’59”W 123.94’; thence N66°42’00”W 43.42’; thence N70°13’06”W 101.51’; thence N75°10’50”W 45.18’; thence N61°47’28”W 14.23’; thence 50°40’14”W 86.85’; thence N85°02’42”W 25.44’; thence S77°25’48”W 22.83’; thence S32°25’48”W 10.61’; thence S00°34’19”E 27.69’; thence S57°32’26”W 25.92’; thence N84°04’30”W 57.92’; thence N40°11’43”W 54.80’; thence S83°27’02”W 64.49’; thence N77°00’54”W 25.37’; thence S74°13’24”W 143.03’; thence N74°19’15”W 48.48’; thence N57°13’44”W 784.49’; thence S75°00’36”W 95.93’; thence N59°12’32”W 132.33’; thence N29°27’19”W 84.66’; thence N22°40’20”W 42.46’; thence N15°54’33”W 32.41’ to the West line of aforesaid; thence N01°16’14”E 56.52’; thence N01°16’14”E 87.45’; thence N00°34’48”E 1004.45’; thence N89°03’48”E 909.85’; thence S00°48’27”W 210.00’; thence N89°03’48”E 420.00’ to the point of beginning proper having an area of 1,769,474.89 square feet or 40.623 acres.
The general location of the property is east of the Windsor Landing Subdivisions, west of Clinton School Road which is also known as County Road 701.
It was noted that the property is undeveloped and any development would have to come through the Planning Commission for subdivision approval.
A question was raised about the east boundary line which appears to be the centerline of the street which would split the street with the county.
A motion to recommend approval of the annexation with a zoning classification of R-2 was made by Mr. Vance and seconded by Mr. Harpole. Voting was 6 in favor, 0 opposed. Those voting aye were Vance, Johnson, Gott, Moore, Day, Harpole. MOTION CARRIED, REQUEST APPROVED.
#10 FP04-14 Blue Star Land Company requested final approval of plans for Ridge Lake Estates, a residential subdivision containing 46 lots on 44.47 acres in the R-1, Single-family Medium Density District. The general location of the property is approximately 1,600 feet east of Mt. Carmel Road, south of Farm Creek Estates, and approximately 1,300 feet west of Culberhouse Street, and is a continuation of Layman Drive.
It was noted that all stipulations from preliminary approval had been met.
A motion to approve the request was made by Mr. Harpole and seconded by Ms. Moore. Voting was 5 in favor, 0 opposed, 1 abstaining. Those voting aye were Harpole, Moore, Day, Johnson, Vance. Those abstaining were Gott. MOTION CARRIED, REQUEST APPROVED.
#11 PP04-16 Nix Fowler Development, LLC requested preliminary approval of plans for Preston Oaks, a residential subdivision containing 38 lots on 34.33 acres in the R-1, Single-family Medium Density District. The general location of the property is south of Pebble Beach Drive, north of Woodsprings Road and will be an extension of Sea Island Drive.
WITHDRAWN.
#12 PP04-20 BKR, LLC requested preliminary approval of plans for Beaver Creek Phases I, II, III & IV, a residential subdivision containing 127 lots on 31.87 acres in the R-1, Single Family Medium Density District. The general location of the property is on the north side of Flemon Road, west of Wilkinson Road.
George Hamman, Project Engineer, stated that a list of 16 engineering comments had been reduced to 2 comments, one of them has been taken care of and the other deals with the detention pond which is currently being studied.
Dr. Jim Sanders spoke in opposition to the request stating that a high density development of this nature with 127 lots that are approximately 1/4 in size would have a detrimental effect on his property values and impact the drainage in the entire area. All of the drainage from Woodsprings Road south comes through his property and this proposed property which does flood occasionally.
Claude Martin, City Engineer, stated that he was concerned about the pond details and further that he did not want to see any increase in the post construction flows. The discharge cannot be any greater than it is now. The western most lots, about 11 or 12 lots, would have a detention pond on the rear of them although he hasn’t reviewed the pond details. The pond maintenance issue will have to be determined.
Ray Osment, one of the developers, said they wanted to provide single family housing in the Valley View School District with houses in the $120,000 to $150,000. In order to do this you have to maximize your lots to keep the price down.
A large, open ditch, approximately 20’ wide on the west side of the property was a concern of the Planning Commission. The ditch will cover a large portion of the street right of way on Flemon Road. If located in the right of way the city will maintain the ditch. Outside the right of way the property owner will have to maintain the ditch.
The history of maintenance of large open ditches in Jonesboro is not good. All ditches need to be sloped for easy maintenance. Ditches in the rear yards would not be mowed by the city. Maintenance will be performed but routine mowing would not. Concern was expressed by the commission about the timing of development of the phased development and how long the streets would be dead ended.
Mr. Harpole made a motion to grant preliminary approval of the request with the following stipulations:
1. Detention pond specifications will have to be reviewed and approved by the City Engineer
2. Notes need to be added to the plat that maintenance of the detention pond will be private maintenance by a property owners association. Documents to that effect will have to be prepared.
3. Notes need to be added to the plat that no fences will be allowed in the drainage easements
4. Dedication of drainage easements for all ditches
The motion was seconded by Mr. Johnson. Voting was 6 in favor, 0 opposed. Those voting aye were Harpole, Day, Johnson, Gott, Moore, Vance. REQUEST APPROVED WITH STIPULATIONS.
#13 PP04-21 P & J Development requested preliminary approval of plans for Prospect Farms Phase I, a residential subdivision containing 30 lots on 12.22 acres in the proposed R-1, Single-family Medium Density District. The general location of the property is on the south side of Aggie Road, east of Paragould Drive.
It was noted that the project engineer had received the engineering comments and had already addressed them with the City Engineer.
A motion to grant preliminary approval was made by Mr. Vance and seconded by Mr. Gott. Voting was 6 in favor, 0 opposed. Those voting aye were Gott, Vance, Harpole, Johnson, Moore, Day. MOTION CARRIED, REQUEST APPROVED.