MAPC Rejects Rezoning Plans
The Metropolitan Area Planning Commission rejected two controversial rezoning proposals on opposite ends of Jonesboro Tuesday night and formally voted to take further action to force a developer to comply with planning and zoning stipulations that commissioners say have been violated.
Commissioners voted to reject proposed rezoning of 25.67 acres located near the planned site of Southern Hills Mall on Southwest Drive (U.S. Highway 49 South).
Developer Kent Arnold requested that the property, located on the south side of Keller's Chapel Road, be changed from Residential R-1, single family low density to R-3, multifamily high density district. Arnold said the very nature of the entire area would change forever, regardless of what he does with his property, because of construction of the mall, which would be three times the size of Indian Mall.
Southern Hills Mall, he said, would drive major development all around. "It's going to be the center of the universe."
City Planner Glenn Batten said the property presents the city with an opportunity to create a true "village residential" development, which would include a mixture of high-density apartment complexes, duplexes and single-family sites.
But David Williams, who lives on Sunnybrook Drive, cautioned against granting Arnold's rezoning request. He said Arnold was the developer who obtained rezoning for what ultimately became the Caraway Commons and The Links apartment complexes. Saying he represents approximately 100 fellow neighbors to the land at question, Williams said he had copies of 39 recent crime reports from those two complexes.
Williams said the R-3 zoning could allow construction of enough multi-family housing for 1,100 new residents on those 25.67 acres.
In response to a question from Commissioner George Krennerich, Batten said there was no guarantee that Arnold would develop a true "village residential" concept. Krennerich asked Arnold if he would be willing to accept R-3 Limited Use. Arnold responded that he didn't understand the concept.
Following the meeting, Krennerich said he couldn't agree to a rezoning without that guarantee.
On the north end of town, Bill Cope asked to rezone a 2.73-acre lot at 5205 East Johnson St. (U.S. Highway 49 North) from Residential R-1 single family low density district, to Commercial C-3, general commercial district.
Representing Cope, attorney Martin Lilly said rezoning the property would be consistent with the city's comprehensive plan. The property is on the south side of Johnson, east of Oriole Drive. It contains a vacant house and a shop building.
Lilly said frontage property on the five-lane East Johnson has been consistently rezoned for commercial uses, such as the NEA Clinic and several other business-related developments.
But four neighboring property owners said development of any new business abutting the Wheeler Heights Subdivision would have an adverse affect on property values, traffic into their neighborhoods and safety for their children.
Roger Lee, who lives on Pomona Drive near Oriole, said 16 children live on his street, and all play within sight of Cope's property.
Richard Carvell, who lives on Brenda Street, also in the vicinity of 5205 East Johnson, argued that the lot isn't large enough to provide adequate buffer zones between whatever commercial development would be located there and the existing homes.
City Planner Glenn Batten recommended denying the request because the property is surrounded on three sides by single-family homes.
Both Cope and Arnold indicated they intended to appeal the commission's decision to the Jonesboro City Council.
On a third controversy, the commissioners said they would appeal to the City Council to help them enforce stipulations they voted on more than a year ago.
Commissioners are seeking to force Phillips Investment owners Herman and Barry Phillips to comply with all the stipulations they imposed on property at 3605 East Johnson Ave., Bill's Fresh Market.
The store opened without a certificate of occupancy. The city cited Barry Phillips for a misdemeanor zoning code violation, but the acting district ruled that the city failed to provide Phillips with written notice within five days of the violation.
Three people who live near the store told commissioners they were upset city regulations haven't been enforced.
"I've been told so many stories from so many people in city government that I don't know who to believe," said Jim Pinson, who lives directly behind the store on Sharon Street.
Stacey Schratz and Jodie Hutchison complained that the store's lights shine into their homes on Maplewood Terrace. They also complained of noise.
Schratz had similar complaints at a city council meeting on Dec. 17, 2001, according to newspaper files.
Attorney Jim Lyons, representing Phillips, told city officials in a letter Monday that they stand ready to negotiate a settlement.
Batten responded in a letter the same day that MAPC intends to enforce the required site improvements the city has been trying to enforce since the store opened in October 2001. The improvements include extending the screening fence, planting rows of pine trees, and installing an irrigation system.
City Attorney Phillip Crego said Tuesday night that he would seek authority to file a civil lawsuit to compel compliance with the stipulations if he doesn't get an agreement from Phillips by Nov. 1.
The commission agreed to recommend approval by the city council the following non-controversial issues Tuesday night:
• Tipton Ross' request to rezone from Commercial C-5 neighborhood office district and C-3 general commercial district, approximately 2.16 acres to R-3, multifamily high density district for property located on the south side of Lakewood Drive, west of Wood Duck Cove.
• Delta Coleman's request for preliminary approval of subdivision plans for Throgmartin Estates Phase IV, containing 12 lots on 4.38 acres. The property is located east of Elizabeth Lane, on the north and south sides of Nathan Drive.
