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Minutes for the MAPC meeting on December 12, 1995.
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MINUTES
METROPOLITAN AREA PLANNING COMMISSION
DECEMBER 12, 1995
MEMBERS PRESENT: Coleman, Little, Damron, McCracken, Finley, Pitts, Shaw
MEMBERS ABSENT: Beadles and Phillips
Minutes of the November 14, 1995, meeting were approved as submitted.
#1 RZ95-44 Brown Lacy requested approval of rezoning from R-1 to C-3 for 11.10 acres located on the east side of Highway 63 Bypass, on the north and south sides of W. Washington Avenue.
A motion to approve the request was made by Mr. McCracken and seconded by Ms. Shaw. Voting was 6 in favor, 0 opposed, REQUEST APPROVED.
#2 RZ95-45 Dianne Duschl requested approval of rezoning from R-1 to C-3 for Lot 1 & 2 of Duschl Acres Subdivision located at 2500 E. Johnson Avenue, east of Caraway Road.
Ms. Duschl’s long range plans are to possibly have a bed and breakfast in the larger house and in the immediate future it may be rented out for wedding, parties, receptions, etc. It was pointed out that the property on the west side was also requesting C-3 zoning.
Mr. McCracken moved to approve the request, seconded by Ms. Shaw. Six voted aye, 0 no, REQUEST APPROVED.
#3 RZ95-46 Ruth Steinsiek requested approval of rezoning for Lots 4 & 4 of Hanna Webb Subdivision located at 2400 E. Johnson Avenue, east of Caraway Road.
One neighbor was present in opposition and a letter was submitted from another neighbor expressing concern over C-3 zoning for the property further north of the highway. It was acknowledged that properties along Johnson Avenue were probably going to be changed to commercial considering the fact that Greenleaf Hospital was already commercial further east of this location.
Mr. McCracken moved to amend the zoning request for approval as C-4 instead of C-3 which is a more restrictive zoning district. Ms. Finley seconded, 5 voted aye, 0 no, one abstained, REQUEST APPROVED WITH STIPULATIONS.
#4 RZ95-47 Ruth Steinsiek requested approval of rezoning from R-1 to C-3 for 5.12 acres located on the north side of Johnson Avenue, east of Caraway Road.
This property adjoins commercial property on the west side and commercial zoning is also south of the property across Johnson Avenue.
Mr. Little made a motion to approve the request for C-3 zoning. Mr. Damron seconded by motion. Voting was 5 in favor, 0 opposed, 1 abstained, REQUEST APPROVED.
#5 RZ95-48 Jerry and Nona Tolbert requested approval of rezoning from C-3 to I-1 for 3.58 acres located on the west side of Shelby Drive, south of Parker Road.
A cabinet making shop is planned for this site and because of the business size, 30,000 sf., the industrial zoning is needed. Only small fabrication is allowed in C-3. It was pointed out that all of the property is in the flood plain and a good portion of it is in the floodway.
Mr. Damron moved to approve the rezoning, seconded by Mr. McCracken. Five voted aye, 0 no, one absent for vote, REQUEST APPROVED.
#6 MP95-49 Jerry and Nona Tolbert requested approval of a one lot minor plat containing 3.58 acres located on the west side of Shelby Drive, south of Parker Road.
It was pointed out that although there is an improved driving surface on what appears to be a street that it isn’t a dedicated street. This property is not a part of any subdivision and has not previously been subdivided or platted. It appears that the property owner on the east side of the road owns the road and some additional property on the west side of the curb. Much of the land is not really useable because of its flood status. Commissioners were reminded of the Corps of Engineers drainage project for Higginbottom Creek being undertaken that would reduce the flood plain and floodway areas and that drainage easements were needed for the project.
Mr. McCracken moved to approve the plat request subject to:
1. Drainage easements being granted consistent with the Corp project and approved by the City Engineer
2. Clarification and/or dedication of right of way for this property owner on Shelby Drive at not closer than 30’ from the centerline of existing improvement.
Ms. Finley seconded, 6 voted aye, 0 no, REQUEST APPROVED WITH STIPULATIONS.
#7 RZ95-49 Robert Sartin requested approval of rezoning from R-1 to C-4 for 14.62 acres located on the west side of S. Culberhouse Street, south of Parish Lane.
Mr. Sartin has a nonconforming landscape, lawn care, etc. business at this location. Expansion under nonconforming uses has already been exhausted. It was further noted that one recently completed building on this site was not permitted.
Mr. Sartin was advised that in C-4 the retail floor space is limited to 3,000 sq. ft. Mr. Sartin mentioned that he has plans for a small retail center and an office complex for his staff. Building will begin in the southwest corner and come toward the front of the property. Site plans have to be approved by the Planning Commission in C-4 zoning. Mr. Coleman read from the code concerning groups of buildings and approval by the MAPC being required for more than one building.
Also discussed was requirements for 50’ right of way on the section line on Culberhouse that will be addressed on the platting request.
Mr. Little moved to approve the zoning request subject to a 100’ strip of land, measured from the front of the property line on Culberhouse, remaining R-1. Ms. Finley seconded, six voted aye, 0 no, REQUEST APPROVED WITH STIPULATION.
#8 MP95-50 Robert Sartin requested approval of a minor plat containing 14.62 acres located on the west side of S. Culberhouse Street, south of Parish Lane.
Mr. Little made a motion to approve the minor plat subject to:
1. 50’ right of way on section line on Culberhouse, the remaining 100’ of R-1 property will start from the new right of way line
2. Correct or remove setbacks from plat
3. Remove existing pole for a sign and attach sign to fence like residential subdivision
Mr. McCracken seconded, six voted aye, 0 no, REQUEST APPROVED WITH STIPULATIONS.
#9 RZ95-50 Betty Waddle requested approval of rezoning from R-2 to C-3 for part of Lots 11, 12 & 13 of Gregg & Houghtons Subdivision of South Main Addition. The property is located on the southeast corner of Main Street and Campus Street.
The property owner desires the zoning change because no interest was shown from buyers as residential use. The property has been sold subject to getting the zoning changed.
An adjoining property owner opposed the zoning change because the drainage problems that exist now and possible problems from a business locating across the street from the high school. This property owner pointed out that there are residences close on the north and east sides of the requested property as well that need to be protected from commercial development. The smallness of this property was also questioned for commercial development measuring only 110’ X 125’.
Mr. Damron made a motion to approve the request for a C-5 classification instead of C-3 for the protection of the residential areas north and east of here. Mr. Damron also stated concerns for commercial property in this proximity to Jonesboro High School. Skip Mooney stated that he did not think a C-5 would work for his clients but possibly a C-4 would. Mr. Damron restated his motion for a C-5 quiet zoning classification. The motion was seconded by Ms. Shaw. Voting was 5 in favor, 1 opposed, REQUEST APPROVED WITH STIPULATIONS.
#10 RP95-65 Betty Waddle requested approval of a replat of the west ½ of Lots 11 & 12 and the north 25’ of Lot 13 of Gregg & Houghtons Subdivision. The property is located on the southeast corner of Main Street and Campus Street.
It was pointed out that Main Street was planned to be a five laned road under the transportation plan. The conversion of this property from residential to commercial and its development will increase traffic on an already major congested street.
Mr. Pitts made a motion to approve the request subject to 40’ of right of way being shown from the centerline of Main Street and subject to a site plan being approved by the Planning Commission prior to development. The site plan will need to address buffering, the drainage issues that have been raised as well as items typically seen on a site plan. The motion was seconded by Ms. Finley. Voting was 5 in favor, 0 opposed, 1 absent for vote, REQUEST APPROVED WITH STIPULATIONS.
#11 RP95-14 Mark and Hal Rees requested approval of a replat of Lots 7, 8, 9, and 10, Block I and Lots 30, 31, 32, 33, 34 & 35, Block F in the Belmont Addition. The property is located on the east side of Greenbriar Drive, on the north and south sides of Rose Street.
Mr. Mooney, attorney for the owners, was asked about the 1’ strip which creates two nonconforming lots. Robert Rees owns this 1’ and it could be deeded back to his sons at a later time. No additional right of way was asked for by the city on this item. However, the existing right of way is not improved and street improvements are needed. It was pointed out however, that there probably wasn’t a need to pave Rose Street in its entirety to the Church Street dedication and an abandonment may be appropriate.
Mr. Pitts moved to approve with the following stipulations:
1. Title be transferred on the two, one foot lots and the land be replatted in with the other conforming lots
2. Proceed with abandonment of Rose Street on east end and dedicate right of way necessary to complete a cul-de-sac radius and construct it on Rose Street and improve Rose Street westward to Greenbriar. If the owner can get the city to help with improvement that will be great, if not, these owners are responsible for the improvements on Rose Street to Greenbriar. The cul-de-sac design shall comply with city code and may be approved by city staff if city is comfortable with it, if not bring it back to MAPC.
3. Street improvement agreement on Church Street
4. Withhold building permits until stipulations are completed
Ms. Finley seconded, 6 voted aye, 0 no, REQUEST APPROVED WITH STIPULATIONS.
#12 sp95-22 Roy Adamson requested approval of site plans for an auto shop to be built on the southwest corner of Stadium Boulevard and Planters Drive.
The site plan was submitted with the only entrance to the property being off Planters Drive and all parking shown as gravel.
Mr. McCracken moved to approve the request subject to:
1. Planters to be fully improved for a half street on the south side of the total distance to the west property line
2. Submit layout of paving for parking lot to comply with city code, to be staff approved
3. Revise plat to show correct setback or delete the setbacks
4. Health Department approval prior to issuance of building permit on sewer disposal
Ms. Shaw seconded, 6 voted aye, 0 no, REQUEST APPROVED WITH STIPULATIONS.
#13 SP95-24 James Berry requested approval of site plan for two homes to be built on a single lot for immediate family. The property is located at 4201 Forest Hill Road.
Ms. Finley made a motion to approve the request acknowledging that this is a hardship and with the stipulation that at no time can the home be used for rental purposes nor occupied by anyone other than immediate family. The motion was seconded by Mr. Damron. Voting was 5 in favor, 0 opposed, REQUEST APPROVED WITH STIPULATIONS.
#14 SP95-23 Nex Level, Inc. requested approval of site plans for a new convenience store to be built on the southeast corner of Caraway Road and Glenn Place.
The owners stated that the fencing would be placed on the property line and not where shown on the plans. It was pointed out that the property was not a part of any subdivision and a plat would need to be filed and approved. Improvements to Caraway Road were also discussed.
Mr. McCracken made a motion to approve the request with the following stipulations:
1. Enclose the ditch on Caraway Road with tile, design to be approved by the City Engineer
2. Install curb and gutter on Caraway Road at the proper distance for a five lane road, design to be approved by the City Engineer
3. Revise site plan to show fencing as planned
4. Change spillways to drop inlets and have approved by City Engineer
5. Platting of the property to be approved by staff
The motion was seconded by Mr. Pitts. Voting was 5 in favor, 1 abstained, REQUEST APRPOVED WITH STIPULATIONS.
The commission was asked to consider a resolution concerning the 1995 Highway Bond Improvement Program. In our area of the state, it would involve four-laning Highway 63 north to the state line, connecting Highway 18 to Blytheville four-lane, connecting Highway 67 with Jonesboro by four-lane and Highway 49 to Paragould, four-lane, and four-laning Highway 412 from Paragould to Walnut Ridge and on across the top of the state on the northwest side. The resolution also calls for 190,000 new jobs over the life of the program. Thirty percent (30%) of the total program will benefit Northeast Arkansas.
A motion was made by Ms. Shaw and seconded by Ms. Finley to adopt the resolution. Voting was 7 in favor, 0 opposed. MOTION CARRIED.