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Minutes for the MAPC meeting on April 12, 2005.
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Metropolitan Area Planning Commission Minutes, April 12, 2005
Members Present: Beadles (Chair), Krennerich, Vance, Gott, Sawyer, Harpole, Day, Roberts
Members Absent: Moore
Staff Present: Martin, Crego, Harris, Robins
Dr. Beadles called the meeting to order at 7:00 PM. The minutes of the March 8, 2005 meeting were submitted and approved as prepared on a motion by Mr. George Krennerich, second by Mr. Marvin Day and unanimous vote.
Chairman Beadles announced that Item #3 had been withdrawn by the applicant.
#1 RZ-05-06 Cook Construction requests rezoning from R-1 Single-Family Medium Density District to R-5 Multi-Family District for a 1.296 acre parcel on the north side of Aggie Road near Sagewood Drive.
Mr. Terry Bare of Haywood Kenward Bare and Associates and Mr. David Cook, the property owner, were present as proponents of the proposal. Mr. Bare said property to the west is single family homes, to the east is an apartment complex, and directly adjacent property to the north is vacant. Land further north of that is Skip Macon’s trailer park and to the south is an R-2 subdivision which was developed as R-1. Adjacent to that is Meadow View trailer park. Mr. Cook wishes to develop his property, which is currently vacant, into a small apartment complex similar to the one on the adjacent lot to the east. Dr. Beadles asked if there were any opponents to this request. Several individuals, including Perry Smith, Robert Ryan and Todd Berman, as well as Respect our Neighborhoods (RON) members Rick White and Bryan Ward identified themselves. Their concerns include the volume of traffic created by the trailers and apartments already in the area, the speed of the traffic, and the number of drivers taking shortcuts through the neighborhood to avoid the Airport Road/Aggie Road intersection. Other concerns included a decline in property values in the area if more apartments are approved and the likelihood that additional apartments might worsen existing drainage problems in low areas. Mr. Rick White, a member of RON, stated that Skip Macon’s trailer park should be disregarded, because, according to Mr. White, Mr. Macon intends to replace the park with a single-family development. Bryan Ward, also opposing the request, owns the single-family house just west of the subject property. He asked the Commissioners how they would feel if apartments were being proposed right next door to their homes. Rick White stated that the property is zoned R-1 and it should remain R-1. Dr. Beadles asked everyone opposed to item #1 to please stand. Approximately 55-60 people stood. The Chair asked the Commissioners if there were any questions or discussion. There were no comments, so the Chair asked if any Commissioner would offer a motion. Mr. Day asked for a clarification regarding the zoning of the apartments just to the east of the subject property. After discussion it was determined that some of the nearby apartments had been built prior to annexation, while others were of much more recent construction in an R-3 District. Mr. Krennerich moved to recommend that the City Council deny the request. He stated that he felt that approval would constitute spot zoning. John Sawyer seconded. Mr. Bare then asked to withdraw the request.
#2 RZ-05-07 A & B Investments, LLC requests rezoning from C-4 Neighborhood Commercial District to C-3 General Commercial District for a 0.37 acre parcel on the south side of Highland Drive East of Parkside Drive.
Terry Bare was present to represent the applicant. Mr. Bare said the property, which is the old Farmer’s Market, is the third in the area to be rezoned. It is adjacent to their office complex, as well as to BP Chemical. Dr. Beadles asked if there were any opponents and there were none. One of the commissioners asked if there were stipulations attached to the previous nearby rezonings. Mr. Harris stated that buffering of the adjacent residential properties would have to be provided at the time C-3 uses took the place of the existing commercial uses. Mr. Harris stated there is a wooden fence along the east property line and a chain link fence along a portion of the south property line. An unidentified commissioner stated that the same stipulations should be attached to this rezoning. Mr. Vance made a motion to recommend approval to the Council, with a stipulation that the same buffering be required as in the earlier rezonings. The motion was seconded by Mr. Harpole. The vote for approval was unanimous.
#3 RZ-05-08 B & G Land Company requests rezoning of 33.52 acres from R-1 Single-Family Medium Density District to R-5 Multi-Family District, and the rezoning of 16.16 acres from R-1 to R-6 Multi-Family District. Both parcels are located along the north side of the Union Pacific Railroad (former Cotton Belt), southeast of the curve where Aggie Road becomes Paragould Road. Withdrawn at request of the applicant.
#4 CU-05-02 Jim Quinn requests conditional use approval to erect an off-premise sign at 412 Windover Road adjacent to property zoned for residential uses.
Jim Quinn was present as proponent for this request. Dr. Beadles asked if opponents were present. Mr. and Mrs. Thomas live on Minitre Drive adjacent to the subject property. Mr. Thomas mentioned that all property north and west of this property is residential, as is most property to the east. Mr. Thomas asked if Harrisburg Road was part of the scenic route where billboards were not allowed. Mr. Thomas further stated that they had no complaints about commercial development on the subject property, but did not want to see a billboard next door. Dr. Jim Sanders stated that he was concerned that allowing this sign as a conditional use would make it difficult to deny future requests of a similar nature. Ms. Ann Boyd, a resident on Minitre Drive, stated that she felt billboards belonged along the main commercial roads, and not in residential areas.
Mr. Vance mentioned ordinance 14.32.11, which stipulates that billboards are prohibited along Harrisburg Road from Highland Drive all the way south to the city limit line. Mr. Vance stated that the Commission could not just override a city ordinance. That being the case, Mr. Vance continued, the request should not even have been brought before the Commission. Mr. Harris stated that his concern was that the wording of Section 14-32-11 prohibited billboards ‘along’ the Scenic Parkway. Mr. Harris asked what would happen if an extremely large parcel adjoined the Parkway. If an off-premise sign were proposed for such a parcel, would it be automatically denied, even though it might be hundreds of feet from the Parkway? If one very narrow parcel fronted on the Parkway, would a sign be permitted on the second parcel, even though it might be closer to the Parkway than the proposed sign currently under review? Mr. Harris continued that, because he felt the wording was somewhat ambiguous, he deferred the decision to the Commission. Mr. Vance stated that no parcel with frontage along the Scenic Parkway could be used for a billboard. He further stated that if the property were replatted, any lots created without frontage would not be subject to the prohibition of Section 14.32.11. Mr. Quinn stated that if that were the case, then he would split the property.
Mr. Quinn stated further that he had never had to go through the conditional use process before, and that off-premise signs were next to residential areas all over Jonesboro. An unidentified Commissioner stated that those signs probably predated the ordinance amendments addressing off-premise signs. Mr. Vance stated that the staff should not automatically split the lot just to allow for the sign. Mr. Quinn stated that the property across the street is zoned C-3, on which a new bread company is being built, and adjacent to an existing Burger King. Mr. Quinn stated that the sign addressed Windover, not Harrisburg Road. He further stated that he felt he had attempted to meet all requirements of the City and, considering the zoning and surrounding commercial uses, he was amazed that he was required to go through this process. The Chair asked for a motion. Mr. Krennerich moved to deny and Mr. Gott seconded. The vote was unanimous for denial.
#5 PP-05-03 Nix Fowler Development requests preliminary plat approval of Plantation Estates, a 24-lot residential subdivision on 70.77 acres in an R-1 Single Family Medium Density District. The subject property is located on the North side of Wood Springs Road, between Ridge Point and Preston Oaks.
The proponent for this item is John Easley of Associated Engineering. Dr. Beadles asked for any opponents for this item and there were none. Dr. Beadles said the Commissioners had a list of comments from City Engineer Claude Martin. Mr. Martin stated his main concern is the open ditches behind the curb and gutter. Dr Beadles mentioned that he thinks the Commission needs to address these 12 items as stipulations on the motion. Mr. Day stated he didn’t think subdivisions with lots that are two acres or larger in size should be subject to requirements intended to handle runoff on much smaller lots. Mr. Day also mentioned a recent subdivision that George Hamman brought before the Commission with the ditches behind the houses. In that case, the Commission went along with the ditches. Mr. Day said he didn’t see much difference since the City will maintain it whether it is pipes or ditches. Mr. Krennerich stated his concerns about property owners filling in the ditch without piping, or with piping of inappropriate type or diameter. Mr. Krennerich also mentioned that he thought the large scale developers are eligible to have open drainage. Mr. Krennerich suggested that with the number of concerns raised that the Commission should table the request and request that Mr. Easley come back and address these concerns. He suggested that Commissioners and staff could research the ordinance to find out what the stipulations should be and table it until the next meeting. At that time Mr. Easley withdrew his request.
#6 FP-05-04 Blue Star Land Company requests approval to change the name of Ridge Lake Estates to Lake Crest Estates. The subject property is located south of Farm Creek Estates, between Mt. Carmel Road and South Culberhouse Street.
Proponent for this item is John Easley for Robin Nix . This is strictly a resubmission for a name change. It was originally Ridge Lake Estates but it was subsequently determined that a minor plat had already been recorded with that name. Dr. Beadles asked for a motion. Mr. Sawyer moved for approval and was seconded by Lonnie Roberts. The vote for approval was unanimous.
#7 OTHER BUSINESS Dr. Beadles introduced Julie Robins, a recent addition to the Planning and Inspection Department staff. Ms. Robins has recently assumed the duties of handling MAPC minutes.
The meeting adjourned approximately 7:45 P. M.