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Minutes for the MAPC meeting on January 14, 2003.
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Metropolitan Area Planning Commission Minutes, January 14, 2003
MEMBERS PRESENT: Beadles, Vance, Damron, Gott, Moore, Johnson, Day
MEMBERS ABSENT: Krennerich
OTHERS PRESENT: Glenn Batten, City Planner; Phillip Crego, City Attorney; Claude Martin, City Engineer; Teddy Hooton, City Engineer; Brian Wadley, Planning Coordinator
Marvin Day was welcomed as a recent appointment by Judge Haas to the Commission.
The minutes of the December 10, 2002 meeting were approved on a motion by Mr. Damron, second by Ms. Moore and unanimous vote.
#1 RZ03-1 Roy and Nell Bearden requested approval of rezoning from the Residential R-1, Single Family Medium Density District to the Commercial C-3, Limited Use Overlay District for Lots 6-9, and lots 20 and 21 in Block A of Benton’s Subdivision. The general location of the property is in the 5400 block of Southwest Drive, on the northwest side of Southwest Drive, south of Johnwood Drive.
Skip Mooney, Sr., Attorney for the Beardens, stated that his clients had been trying for some time to get this rezoning approved. The Beardens acquired the property in the 1960’s while it was in the County. It was subsequently annexed in 1989 with many other acres of property and was zoned R-1 as was all of the property annexed. No offers on the property to date for use as residential property. A few months ago an offer was made to buy the property if it were rezoned but that petition failed. Construction is underway and will be completed that will convert Southwest Drive from a two lane highway to a five lane highway. Mr. Mooney contended that the highest and best use of the property is commercial. They are proposing a limited use stipulation that would limit the use of the property and make it more compatible with the surrounding residences. The complexion of the area has changed from the rural setting that it used to be considering the road improvements and the announcement of the new mall. Mr. Mooney stated that the future land use map projects thoroughfare commercial development for this area of the city. They would also consider eliminating lots 21 & 21 on Johnwood Drive if the MAPC would so choose.
Dale Field, an adjacent property owner, spoke in opposition to the request. Mr. Field’s home is immediately next door to the property and there are other homes that are immediately adjacent on the back side of the property. Traffic was a major concern as well as well as lights and noise that would be generated by a commercial development. Mr. Field stated that he and his neighbors had fully cooperated with the utility companies and the Arkansas Highway Department to accommodate the highway widening and he requested that they not recommend approval of the rezoning.
City Planner, Glenn Batten, stated that there is a conflict between the illustration of the Future Land Use Plan and the text of the Comprehensive Plan. The Future Land Use Plan does show thoroughfare commercial on both sides of the road; however, the text of the Comprehensive Plan talks about rather than that stripping commercial along major thoroughfares that it be should be developed in a commercial node concept. In analyzing this case this conflict is neither a negative nor a positive factor, but is neutral. Were this area rezoned all along the highway, the shallow depth of the lots through here would require many curb cuts. Mr. Batten said that in analyzing the case that he had four basic findings. The first finding is that the list of limited uses provided with the application contains a very broad list of uses, many of which would be harmful and detrimental to the surrounding neighborhood. This list could be pared down to uses that would be compatible with the neighborhood. Many of the proposed uses would have high pole signage, lights, noise, food odors and other environmental factors that affect surrounding neighborhoods. The second finding is that there is not sufficient evidence to show that the public benefit would overcome the incompatibility of the proposed uses on the surrounding residential area. Thirdly, there are several undeveloped tracts of C-3 and C-4 land. This land should be used before increasing the inventory of commercial property along Southwest Drive. The fourth finding is that there is limited area for commercial structures and required parking facilities. The residential compatible standards that would apply really limits the buildable area to a very small area.
Mr. Damron made a motion to disapprove the request due to the negative impact on the surrounding residential area and the incompatibility with adjacent and nearby residences. The motion was seconded by Mr. Day. Voting was 5 in favor, 1 opposed. Those voting aye were Damron, Gott, Moore, Johnson, Day. Those voting no were Vance. MOTION CARRIED, REQUEST DISAPPROVED.
#2 CU03-1 James Finley requested approval of a conditional use for placement of a manufactured home, residential style, in the Residential R-1, Single Family Medium Density District. The address of the property is 6008 Crowleys Ridge Road.
Mr. Finley stated that he wanted to place a manufactured home on this site on a permanent basis to be able to take care of his mother. Mr. Finley stated that he had received a copy of the ordinance requirements and he would comply. The old family home still exists on the property as it has for years.
Glenn Batten, City Planner, informed the Commissioners that during his visit to the site he found some code violations that needed to be addressed prior to placement of the new home. The code enforcement officers are working with Mr. Finley to get these corrected.
Mr. Gott made a motion to approve the request with the following stipulations:
1. Correction of code violations pertaining to the existing home, particularly the electrical
2. Inspection of the proposed manufactured housing unit by the Inspection Department prior to its movement on site
3. Inspection of the housing unit’s foundation and adequacy of proposed utility connections including sanitary sewage disposal by the Inspection Department
4. Obtaining final inspections from the Inspection Department after the unit is placed on site
The motion was seconded by Mr. Johnson. Voting was 6 in favor, 0 opposed. Those voting aye were Vance, Day, Johnson, Moore, Gott, Damron. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#3 CU03-2 John M. Williams, dba Indian Book & Supply, requested approval of a conditional use to build a warehouse complex for residential mini storage in the C-3, General Commercial District. The address of the property is 2106 E. Johnson Avenue, and the general location of the property is on the north side of Johnson Avenue, east of Snyder Street.
George Hamman, Engineer for Indian Book & Supply, stated that there is currently a retail business on the site and they wish to add some residential mini storage units to the rear of the property.
City Planner Glenn Batten stated that there are apartments on some sides of the property and commercial uses on the other sides. A complete site development plan must be submitted to the Planning Department for review and approval. This plan should specifically show ways of buffering and screening the storage units from the surrounding apartments. Erosion control measures must be installed when construction is started. Mr. Batten raised a question regarding surface requirements for parking lots and driveways. The Zoning Ordinance requires curbing and paving but there are some warehouse developments that are not totally paved.
Claude Martin, City Engineer, expressed some concern over the turning radius and access by the Fire Department.
Mr. Damron made a motion to approve the request with the following stipulations:
1. Install buffering and screening between this development and the surrounding developments (types and location to be approved by the City Planner)
2. Install erosion control devices beginning with the start of construction
3. Parking and driveways must be paved and curbed
4. Turning radius on site must be approved by the Fire Department
The motion was seconded by Mr,. Gott. Voting was 6 in favor, 0 opposed. Those voting aye were Gott, Moore, Johnson, Day, Vance, Damron. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#4 FP03-1 Israel and Catherine Dillon requested final approval of subdivision plans for Kingswood Addition, a replat of Lots 13-A, 14-B, 15-A, 15-B, 16-A, 16-B, 17-A, and 17-B into 31 lots on 8.539 acres. The general location of the property is on the north side of Bettie Street, west of Watergate Street and south of Ginger Street.
Glenn Batten, City Planner, informed the commissioners that the stipulations that were placed on the preliminary approval had been addressed. The streets have been redesigned so that there is an access to Bettie Street on the south and Ginger Street on the north.
In response to a question from a nearby property owner regarding size and type of homes, John Easley, Project Engineer, stated that they will be building single family homes, approximately 1,200 to 1,500 square feet in size. The subdivision will comply with all regulations in the subdivision ordinance. Lots in the subdivision will contain 8,500 to 9,000 square feet.
Concern was expressed by another property owner in the area about the condition of the existing streets that were built outside the city limits and not to city specifications. The streets are not in good shape currently. Mr. Damron informed the property owner that he would need to contact the Street Department for street repairs on existing streets.
Dr. Beadles reiterated the MAPC’s stipulations from the preliminary approval regarding street improvements that are carried forward to the final approval. Those stipulations are:
1) that in lieu of curb, gutter and paving on ½ of Ginger Street, the developer will be allowed to improve all of Ginger Street to the width of the existing street;
2) the developer will extend Tameron Street to the south to tie into Bettie Street to provide a connection on the east side of the subdivision; 3), the developer will build Bettie Street to match the existing pavement width down to Tameron Street; 4) the developer will grant a 7.5’ utility easement along the east property line. (this may change with the extension of Tameron Street); 5) compliance with the subdivision regulations which states that, “prior to the sale of any lot or lots within the subdivision, all improvements must either be completed or have a bond posted with the City of Jonesboro to cover the cost of the improvements as estimated by a registered civil engineer”.
Mr. Gott made a motion to grant final approval of the subdivision plans acknowledging that the developer has agreed to comply with the preliminary stipulations as noted above. The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. Those voting aye were Johnson, Day, Gott, Moore, Damron, Vance. MOTION CARRIED, REQUEST APPROVED.
#5 City Planner’s items:
°Report on Bill’s Fresh Market (Phillips Investments)
City Planner Glenn Batten reported that he had checked the property on the afternoon of January 14, 2003 and there were no changes in the property and deferred to Phillip Crego, City Attorney for his comments. Mr. Crego had no comments other than to say that he was ready to proceed with litigation and had no report different to Mr. Batten’s. Mr. Vance questioned Mr. Crego as to when or if Mr. Phillips had been notified of the actions taken in December. Mr. Vance said he had copies of two requests from Jim Lyons asking for this information, one dated 11-20-02 and one dated 12-06-02. Mr. Crego said he felt they had been notified but could not recall specifically. It was determined that official notice had not been given and Dr. Beadles requested that a formal letter be written as soon as possible and sent to the Phillips with the November stipulations that were placed there and upheld by the city council. The letter is to be sent by certified mail so that it will be considered official notice to Phillips Investments. Mr. Crego stated that his office would send the notice the next day.
°Set date and time for street planning workshop
A street planning workshop was scheduled for January 21, 2003 at 5:00 p.m. at the Huntington Building.
°Distribute map showing alternative corridors for northern bypass
A map was distributed showing several options for building a bypass on the northern side of the City.