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Minutes for the MAPC meeting on November 14, 1995.
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MINUTES
METROPOLITAN AREA PLANNING COMMISSION
NOVEMBER 14, 1995
MEMBERS PRESENT: Coleman, Little, Damron, McCracken, Finley (absent for item 1), Beadles, Pitts, Phillips and Shaw (absent for items 1 through 6)
MEMBERS ABSENT: None
The minutes for the October 10, 1995 meeting were approved as submitted.
#1 RZ95-41 Doyle Yarbrough requested approval of rezoning from R-1 to C-1 for 1.71 acres located on the south side of Parker Road, east of Southwest Drive.
Mr. Little moved to approve the request stipulating that the zoning be changed to C-3 rather than C-1. Ms. Finley seconded, 6 voted aye, 0 no, two absent for vote, REQUEST APPROVED.
#2 MP95-48 Doyle Yarbrough requested approval of a minor plat containing 1.71 acres located on the south side of Parker Road, east of Southwest Drive.
Mr. McCracken moved to approve the request, seconded by Mr. Little. Seven voted aye, 0 no (one absent for vote), REQUEST APPROVED.
#3 RZ95-42 Bob Douglas and Denise Bowman requested approval of rezoning from R-1 to I-1 for 36.96 acres located on the southwest corner of C. W. Post Road and Moore Road.
A new distribution center for Douglas Northeast is planned for this site. A site plan will need to be brought before the commission before building can begin.
Mr. McCracken made a motion to approve the rezoning, seconded by Mr. Damron. Seven voted aye, 0 no, one absent for vote, REQUEST APPROVED.
#4 MP95-47 Bob Douglas and Denise Bowman requested approval of a one lot minor plat containing 36.96 acres located on the southwest corner of C. W. Post Road and Moore Road.
Mr. McCracken moved to approve the request subject to:
1. Street Improvement Agreement
2. 40' right of way on Moore Road
3. a 15' utility easement adjacent to Moore Road right of way if the 40' right of way is not enough
Mr. Damron seconded, 7 voted aye, 0 no, one absent for vote, REQUEST APPROVED WITH STIPULATIONS.
#5 RZ95-43 Jesse Priddy requested approval of rezoning from R-1 to R-3 for 9.69 acres located on the east side of Richardson Road, south of Leatherwood Drive.
Mitchell Caldwell, an adjoining owner, opposed the rezoning to R-3 because of the decline in property values associated with apartments. He stated that he owned 60 acres adjacent to and 40 acres across the road. When asked if he would oppose duplexes, Mr. Caldwell responded that he did not have a problem if the development is limited to duplexes.
Mr. McCracken moved to amend the request to R-2 and to approve subject to a street improvement agreement on Richardson Road and a site plan being submitted prior to development if more than one duplex is proposed for the whole tract. Dr. Beadles seconded, 6 voted aye, one no, one absent, REQUEST APPROVED WITH STIPULATIONS.
#6 RZ95-44 Farmer Enterprises requested approval of rezoning from R-1 to C-3 for 1.3 acres located on the west side of Highway 63 Bypass, north of Strawfloor Drive.
Ms. Finley moved to approve the request subject to correction of the legal description and bringing a site development plan to MAPC. Mr. Damron seconded, 7 voted aye, 0 no, on absent, REQUEST APPROVED WITH STIPULATIONS.
#7 SU95-13 Jack Jones requested approval of placement of a mobile home at 6204 S. Caraway Road.
Dr. Jones related his reasons for coming before the MAPC with this request, in particular, the health of his daughter. He stated that he had followed the policies of the city and that he felt that both he and the city had acted in good faith by issuing the permit. He stated that at no time was there any attempt to deceive any one or obtain anything fraudulently.
The background surrounding the placement of the mobile home was presented to the commission as follows:
Dr. Jones first approached the inspection department in early August and inquired about the placement of a mobile home on property located on Southwest Drive (not the current location). We talked about procedures for mobile home placement and he was provided with an information pamphlet and petitions.
Approximately a week to ten days later Dr. Jones was back in my office inquiring about another site for the home which was a piece of property on S. Caraway Road at the corner of Nash Lane. He wasn't sure of the address but then told me that it was Butch Herring's property and had previously had a mobile home on it. I told him that I was familiar with the property and the fact that Mr. Herring had also built a home on the lot next door. I then informed Dr. Jones of the departmental policy whereby we allow replacement of a mobile home. If a mobile home is replaced within twelve months of the date when the previous mobile home was removed, it is not necessary to circulate petitions as is the normal course for approval. The mobile home need only meet the age and size requirements provided in the ordinance. A used mobile home must pass the building inspector's inspection prior to issuance of a permit.
I then proceeded to call City Water and Light and find out the date of disconnection which has been the customary practice used for years for verification of when a home would have been disconnected and removed. The service department at CW & L informed me that the electricity was disconnected on 12-30-94. I relayed the information to Dr. Jones. He was delighted and I thought everything was fine.
On August 23 Dr. Jones came in and purchased a building permit for a new mobile home to be located at 6204 S. Caraway Road where the mobile home had been previously. (This particular location was annexed in 1989 and the mobile home was there then). Subsequent permits were purchased for electrical connection on September 7, 1995 as well.
After the mobile home was on the site we received a call from a Sissy Winters on 8-31 or 9-1. I told her the policy that had been followed to allow replacement of the mobile home. She then informed me that there had never been a mobile home there since she had lived there (5-93). This was the first indication I had that the information obtained from CW & L was not the date of removal. Later that day after Ms. Winters called Larry Cain I received a call from him who also informed me that the mobile home had been gone for more than twelve months.
On Thursday, 9-7-95, I spoke with Brad Powell, son in law of Dr. Jones, whom I had not met or known before Thursday afternoon. I told Brad of the situation and gave him the option to provide proof that the mobile home had not been gone longer than twelve months or circulate petitions and follow the procedures for allowing placement. Later that day he returned with a CW & L stub showing final the bill in January of 1995.
I told him then that this was insufficient, we had already relied on that, and further proof would be required. Brad was also given the option of obtaining signatures and following procedure for approval.
I did not know until September 15, 1995 how Dr. Jones found out about Mr. Herring's property. It was also then that I found out that Mr. Herring did not live at this location any longer. Mr. Herring was one of the property owners on Southwest Drive where Dr. Jones was securing signatures for the original proposed location of the mobile home.
The mobile home is on site, which is 200' or so from the city limits, and has been for two months, without electricity and without being occupied. It is a brand new, $30,000 home that Dr. Jones purchased for his daughter and son-in-law.
Mr. & Mrs. Gary Winters and Dennis Combs expressed their objections to the mobile home. The mobile home sits approximately 50' from the roadway while the Winters' house is about 100' off the roadway. Because their house sits at an angle, the mobile home is directly in front their house. Mr. Winters asked that commissioners follow the law on number of signatures for the 1200 foot radius of the mobile home and not allow it.
Mr. Wadley said the city has checked with professional planner, Jim Von Tunglin out of Little Rock, who serves on the manufactured housing board. He sent copies of state and federal law that has been forwarded to RM Plan Group who is doing the Land Use Plan for Jonesboro, so that we don't make the same mistakes that we have made in the past. Mr. Von Tunglin said this would probably be a good test case for Jonesboro to test the law. Secondly, he said it is considered a form of discrimination when you require neighborly consent to do something on your own property. Federal law would override any city ordinance or state law.
Mr. Damron moved to approve the request considering the circumstances stipulating that when the Jones family ceases to live there, the mobile home must be removed and another mobile home could not be moved in. Ms. Shaw seconded, 8 voted aye, 0 no, REQUEST APPROVED WITH STIPULATION.
#8 MP95-46 Joe Verser requested approval of a one lot minor plat containing 55.52 acres and located on the east side of Friendly Hope Road, 1\4 mile south of Woodsprings Road.
It was stated that this property may be subdivided into three or four tracts at a later time.
Mr. Pitts made a motion to approve the request subject to a street improvement agreement being entered into for Friendly Hope Road. Further subdivision will require subdivision plans. Dr. Beadles seconded, 7 voted aye, one no, REQUEST APPROVED WITH STIPULATION.
#9 FP95-17 Ridgepointe Development Corp. requested final approval of subdivision plans for Ridgepointe Phase VI. The subdivision is located on the west side of the existing Ridgepointe development, and east of Strawfloor Road.
Mr. Damron moved to approve the request stipulating that the sewer be extended to property line on Lot 1, Block S and a 15' utility easement on Lot 5, Block V. Mr. Little seconded, 7 voted aye, 0 no, one abstained, REQUEST APPROVED WITH STIPULATIONS.
#10 FP95-18 Hillpoint Development requested final approval of subdivision plans for Windover Plaza Second Addition, a commercial subdivision containing 33 lots on 72.64 acres. The property is located on the south side of Windover Road, north of Browns Lane Access Road and east of Harrisburg Road.
There was discussion concerning the incorrectness of the legal description of the property. The city engineer also requested information concerning the transition from a regular crown to a rotated crown on Longview Drive.
Mr. Damron made a motion to approve the request subject to the legal description being corrected and providing the city engineer with the information requested on the street specifications on Longview Drive. The motion was seconded by Ms. Shaw. Voting was 8 in favor, 0 opposed, REQUEST APPROVED WITH STIPULATIONS.
#11 SP95-20 The Spence Family requested approval of site plans for a commercial office to be located on Lot 1 of Spence Stadium Boulevard Addition. The property is located on the west side of Stadium Blvd., north of Planters Drive.
A motion to disapprove the request was made by Dr. Beadles with the statement that the owners have not complied with stipulations concerning the platting of the property from February of this year. The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed, REQUEST DISAPPROVED.
#12 SP95-21 Chili's Restaurant requested approval of site plans for a new restaurant to be located on the southeast corner of Stadium Boulevard and Highland Drive.
Mr. McCracken made a motion to approve the request with the following stipulations:
1. Installing a large radius on the entrance on Highland to allow quicker turns into the property and to straighten the curb on the east side of the entrance so that vehicles are not directed into the wrong lane of traffic
2. All parking spaces be increased to either a 9' X 20' or a 10' X 18' and still maintain the 24' wide driving aisles
3. Install a deceleration lane on both streets for right turns or widen the radius and entrances to permit a right turn, left turn and a wide land for entrance
4. Resolve the site drainage with the city engineer.
The motion was seconded by Mr. Damron. Voting was 8 in favor, 0 opposed, REQUEST APPROVED WITH STIPULATIONS.
#13 FP95-15 Kent Arnold requested reconsideration of the final approval of subdivision plans for Cayman Place, Phase II. The property is located on the east side of Caraway Road, north of Harrisburg Road.
It was stated at the October meeting that if the ditch was to be enclosed and approved by the City Engineer or the plans had to come back to the planning commission for approval. The city engineer stated that the plan as designed by Mulhollen would take care of the surface water without enclosing the ditch with pipe.
Mr. Damron moved to approve the request with the ditch as approved by the City Engineer. Mr. Pitts seconded, 6 voted yes, 2 no, REQUEST APPROVED WITH STIPULATIONS.
#14 FP95-16 Kent Arnold requested final approval of subdivision plans for Cayman Place Commercial, a subdivision containing 3.29 acres. The property is located on the west side of Stadium Boulevard, north of Harrisburg Road.
The plans now include an outlet from Stadium into the other two phases of Cayman Place. Other items from preliminary approval were also addressed.
Mr. Pitts moved to approve the request subject to a 6' wooden privacy fence separating commercial and residence uses, not zoning. Mr. Damron seconded, 8 voted aye, 0 no, REQUEST APPROVED WITH STIPULATION.