Planning Commission - Regular Meeting

Good evening. It's 6:30. I'm going to go ahead and call the public hearing for the planning commission for March 24th, 2025 to order. Uh it's concerning a development at 770 Moon Road R1 to a PUD PUD. Nick Hester, do you have anything you want to say before we open the floor? Uh I don't think so. Okay. Do you want me to go just give the details? I'd appreciate it. So, yeah, we're just want to take it's not going to change anything as far as how we want to build. It's going to be single uh single family residential. We just want to change the zoning so that we can give more acreage per household. And so, that would give us the flexibility to kind of because if you're going to give more land on less homes, obviously it's difficult, you know, as as a subdivider. So what we want to do is make that more flexible so that we can give larger lots and still be profitable for everybody. So Okay. Thank you. Thank you. I'll open the floor if anyone would like to speak on this issue for or against or any concerns. All right. I've got a question about the drainage situation on that property because my property backs right up to the bottom of it. Okay. And there's a ditch back there six feet wide. And right now it floods when a heavy rain comes. If they go building houses up in there, it's going to really flood. It gets within 30 ft of get in my basement now. But if it you increase that water run off four or five times, it's going to get in my basement. Okay? And the the water now runs down where Moon Road and Sweetwater intersect and it goes under now. So if you increase that water flow, it's really going to go under. the the covers down there can't handle the water flow that's coming through them when heavy rain hits right now. Okay. I just wonder what kind of situation

they're going to do to correct that drainage. Well, I do know that as before they this is before they've even entered a plot plan or anything for us, but any kind of development plan that they submit will have to include a storm water drainage plan and an erosion and sediment control plan which will help to make sure that none of the construction will offset will go offsite. Um will make drainage go offsite. It's supposed to help with that. Well, I don't know how they can stop this downhill to that ditch. It's can't go anywhere but downhill. So, they might be required to put a a retention pond or something like that in there. We would just have to wait and see how their engineering um and topography shows up on it. But we will keep that in mind. Thank you, sir. Just sir, can I ask him a question? Sure. Sir, uh, how much rainfall has to acquire before it starts flooding? Since you've been there that long, you could tell me that. I couldn't give you specific inches. Yeah, I know that this last one that was not yesterday, but two or three weeks ago, the ditch filled up to the top of the ditch. It didn't overrun it. Uhhuh. When you get a one and a half, two inch rain, it'll come up out of that ditch and in my yard it'll be that deep and that deep towards my basement ends up 30 ft hopping from my basement. If it gets any more than that, the main problem is that ditch comes straight. I straightened it out when I moved out there. It used to meander through my property and I cut a straight line so it have a straight shot. When it gets the lot next door to me now, it meanders again and comes 3/4 of the way back up into that lot, makes a horseshoe and swings back and then

continues on towards Moon Road. Now, the contractor that's selling that land next to me, he's got a guy out there cleaning it. He says he's going to cut that that uh ditch in a straight line across the back of that property and fill in that ditch like I did on my property. But all that's going to increase the water flow. I don't know if those coverts down there, they they plug right now. I mean, they might have to take covers out and put a bridge in there. Something that can't plug covers only this big around that kind of water just won't go. They plug up with limbs and leaves and debris right now. Thank you, sir. Is there anyone else who'd like to speak? Yeah, I wanted to I want to bring up just the fact that the this ditch that you're you guys are on Sweet Water, correct? So, the ditch that he's talking about, it actually comes off of what is that off Payton, you have the horse farm directly behind me. And that that actually comes off their property and just cuts slightly through the corner of of where we're talking about the drainage on my property. It actually comes to the center to the pond and it overflows and it actually I'd say it's well those those lots that we sold uh on the frontage of Moon Road. It comes about a/4 mile down the road and goes through a larger ditch. That drainage ditch that he's talking about actually cuts across the corner of the back of my property, but it's coming from another property. though that that wouldn't that actually wouldn't have anything to do with how we that's all sloping and if you build houses out there that water can't be absorbed I understand well right well the drainage that comes off my property it actually comes further down Moon Road it doesn't go to Sweet Water so I just wanted to make sure that that was clear all right like I said we will keep that in mind when we see the development plans okay thank you for your input is

Bruce, can you come up? Yeah, I don't know exactly what they're talking about, but I got a general idea. But, um, if you would just get with me, give me your address, show me everywhere you're talking about, and we can we can look into it and make sure that anything that they do does not affect any of that. And if there's something we can do to help a current issue, we'll look into that as well. So, all right. Thank you. Is there anyone else who'd like to speak? Okay. If there's no one else, I'll go ahead and close the public hearing. It is now 6:36. We will start the regular hearing. And if uh any Mr. Brookke, will you say the prayer so we can open our meeting? Father, we thank you so much for your love and kindness. We thank you, Lord, for each and everyone's able to be here this night. We ask your blessings upon this meeting, Lord, that everything be done according to your will. And Lord, we ask your blessings upon those that are here that have special needs, Lord. And we ask all these things in Jesus holy name. Amen. Amen. To the flag of the stands, one nation under God, indivisible, with liberty and justice for all. Thank you, Britney. Will you do the roll call, please? Yes. Do it here. here. Chandler, Aaron Mixon here, and Alex is absent. Okay. Okay. I will be a voting

member tonight so that we can have a quorum. Um, so let's go ahead and move into approval of the prior meeting minutes. Are there any notes or concerns from the board? If there are none, I'll go ahead and entertain a motion to pass as written. Make a motion we pass. Second. All those in favor say I. I. Okay. Let's see. Next, uh, we have old business. There is no old business, so we'll move on to new business. I'm going to go ahead and make a couple of changes to the order of the new business. We're going to have the Morrison Street Estates final platform, Limits Engineering, first. Mr. Lemons, would you like to come up here? Sorry. I appreciate you uh y'all hearing me out on on this issue. Uh this is a very simple u small track of land located on Morrison Street. Uh Mr. BJ Weathers has purchased it and he's want to build two houses on it. And so uh the plaid is basically we're taking splitting it down the middle. the lots do meet the city's minimum standards and uh be glad to answer any questions you may have. Sir, does the uh uh is the uh the road going to be the 27 foot or is it going to be smaller? Uh we had not planned on doing any hash street improvements. Uh it was not brought up in staff that we needed to. So, whatever is out there, that's what we're planning on running with. Now, we are putting in sidewalks. I just Sorry, brief moment. Thank you, Gary. Okay. And there's no changes from when we approved the preliminary plot. No, ma'am.

Okay. And I don't believe there's any concerns from staff on this. No. So if uh it is okay with the board as presented, I'll go ahead and entertain a motion to pass the final plot. Second. All those in favor say I. I. Any oppose? Okay. I think that took less than 90 seconds. That's that's a record. I appreciate it. Thank you. Have a good night. Okay. Next, we're going to move on um back to the reszone for uh 770 Moon Road that we had the public hearing on the request from R1 to PUB. Um Nick Hester, uh any concerns or comments from the board on this? Maybe this is the one I'm thinking about. Uh, is the, uh, street two foot width smaller than I'm not sure. We're going to do the preliminary plat after we approve the reszone. So, right now, we're just voting on the reszone. Excuse me, ma'am. Sorry, but is there any uh is there any uh concerns about the reszone or would anyone like to make a motion to go ahead and approve the reszone as presented? How much more acreage are you looking at, Mr. Hester? How much more acreage are you looking at for each spots? I I don't I guess I don't follow the question. So, that's a total of 33 acres. So what we're looking to do is for the plat the preliminary that we have that's a 10 acre and on the other 23 acres of 23 and some change we haven't really determined what we're going to do as far as lot sizes. We'd like to go larger like two to three acre

but we may go as small as one. Uh we just that's has been determined yet but it's a total of 33 acres. But each of these lots on this first plat is over an acre. They're all they're all an acre. Yes. Yes. And that's why they need the PUD is to be able to have that and then also work with the city on the type of road. I make a motion. Second. All those in favor say I. I. I. I. Mr. Brook. I I had a question. Okay. Uh, I listened to what you had to say there and I was very curious that you haven't made any final decisions as to what you really want to do with that property. No, we do have final decision. It's all single single family residential. It's just on we have phase one. We have made a decision and you guys have a preliminary plat. Uh, it's just the second phase. the other 23 acres. We're we haven't determined yet what size of lots will be. They're all large acreage, single family lots. That is that decision has been made. So, what I'm hearing is you're going to be back again. Yes. Sure. Probably on several occasions. The way it sounded, I'm just sharing with you. Sure. Yeah. Okay. I just wanted to clarify that, but Oh, yes, sir. Thank you. Okay. So, we have everyone's vote but yours on the reszone. You're good. Okay. Okay. So, the reszone is approved and now we'll move on to the preliminary plot which is what is on the um TV. Questions about the street? Yes, ma'am. The uh I think the street is couple of

feet not as wide as what we've had in the past. I don't like that. Okay. being that it's a reszone as a putt and you know kind of the whole putt thing is you know more open space um within our regs though it it gives us leeway when it comes to the design of the streets and the drainage. Um so you know it will not be curbon gutter. Um, and within our code and the fire code, it allows the um the street actual pave width to go down to 20 ft with x amount of uh shoulder and then x amount of open drainage and then 10 ft outside that which would all fall within the actual 50 foot rightway. And the fire chief doesn't have an issue with that. He does not. Okay. It's still going to be wider than the the road that it connects to, which is Moon Road, which is not even 20 foot of paved width. Ju just because we have roads that are not in that what we're trying to keep to, it doesn't mean it we should reduce what we have are going to have, right? But that is the regulations as far as PUB. As far as as PED goes, we can go to 20 foot minimum. That's okay. Yeah. Go to Would you ask would you like to ask the developer if he would want to make it bigger? Well, part of the reason for it too is because of this existing space that you see here between the houses to go back there. Okay. In order to maintain this 50 foot rightway, it basically has to go down to

20 foot or we will not have 50 foot of right away cuz essentially there's only 50 foot right here total space. Yep. So 20 foot of pave width and 2t of shoulder 3T of ditch or swell each side 10t outside of that um get you to your your 50 foot right away with yeah so it make you feel any better one of the reasons for going to a planned urban development is to give you more flexibility and this would be one of those cases where we can wave the curb gutter have open ditches larger lots uh which might include a smaller street but it's similar to what we did at L Farms in Ballard. That's a that's a as well. If they're they're smaller streets, half million dollar homes, these will be comparable to that. Not connected one to the other like uh like legacy farms, but they'll be high dollar in homes. And uh so the street just gives them that just gives them more flexibility. And and to the gentleman's point about the water runoff, more hard surface you have, more runoff you're going to have. The larger lots would allow more more to soak. So it's you know, it's something to consider anyway, but that's one of the reasons we're going. That's one of the draws for plant urban development is more flexibility, larger lots. So, get away with lots, which is what we typically see more or less. Is this going to uh with the UDO? Is this going to interface with that? Nope. That ain't good.

Okay. If there aren't any other questions or concerns, I will entertain a motion to approve. I have one more question. Go ahead. All of our heads, do they all agree that this that they're going to meet or the preliminary is going to be good? Um, all the requirements. Staff staff for approval. Yes, staff has approved this. Um, in the notes that I received, it said that staff was satisfied with the preliminary plat as presented. I would say we make a motion at least we can get the preliminary in and look at it and go from there. I have a second. There any other comments? What if we don't do anything to it that'll bring the preliminary back in, won't they? What do you mean? Well, you're not getting any comments from us about a second. Oh, well, we'd have to either approve or deny. The second would be a way for us either approve or Okay, I'll second it. Okay, Britney, will you do a roll call, please? Yes. Okay. Helen Hwitt. Yes. Artbrook. Yes. Butch Price. No. Aaron Mixon. Yes. That passes 3 to one. Okay, next we have uh Copper Moon phase two final plat

Hester. So all this is is just as we've originally been approved for the entire neighborhood. We just broke it into sections. This is the next 12 homes which we just want to get final approval on that to get started. Okay. Can you put it on the screen? Do we have anything for the screen? So your first six here those are well five of those six already complete and we are completing the utilities and the road system on those next the next phase. Okay. And the preliminary's already been approved. Yes ma'am. Okay. Any staff comment? Yeah, I think on this one, uh, the streets are not finished and, um, they'll have to be completed before you guys get a final. That was mayor's comment there. Okay. So, before it goes before council next month, it'll need to be completed or before we vote to approve the final plot, it needs to be completed before the council meeting. Okay. So it would be contingent on the streets being finished. Okay. And was there anything about fire hydrants or anything like that? No. All that's um that's covered. Okay. Um the only other thing was uh fire chief uh requested a a temporary turnaround which that's something that they agreed to do for the fire chief. Are they going to do a hammerhead or No, it's it's going to be a culde-sac, but they're going to put a temporary turnaround um of for for the time being until that's finished. So, there's Okay.

All right. So, um, I will entertain a motion, if there are no questions, for approval of the Copper Moon phase 2 final plot contingent on the street being finished before the next before the council meeting and the temporary turnaround being installed. Can you refresh my memory? Who makes sure the contingencies completed? Staff lets me know before the council before I present it to council. Okay. I make a motion. Second. All those in favor say I. I. I. I. Okay, that passes. Next, we have a variance request. 11 Liberane, Steve Hester. I don't know. Where is Libra Lane? It is off Moon Road. Okay. Is it a private Is it a private road? No, it's a subdivision we're talking about. Okay. Phase one. Okay. That's why I can find it on Google Maps. Okay. Got it. Yeah. Okay. And this house has already been built. Yes, ma'am. Okay. And the variance is strictly because the framer when he laid it out made a mistake and it's a little crooked. It's a little crooked. Yes, ma'am. And staff is okay with this, right? Yes. Okay. That's what I thought. Thank you. All right. Thank you, sir. Um, so this is just to approve a variance for them to encroach in the 15t easement. Um, because the house is already built and it was built crooked by accident. How much encroachment is it? I'm not sure. It says 13.54 on the Oh, so it's a foot. 12 ft. I believe it was 11 or 12 ft. They've actually applied for a fence permit and we're holding up on that. We find out for sure that the varian allowed, but they're going to square the fence up with the back corner of the house as I understand it, make it look less crooked from the road. Okay.

So, there won't be any side fence. It'll go directly from that back corner is what you're saying. When they get the fence. Okay. And and we'll probably process, depending on your action, we'll process the fence permit tomorrow. Okay. We're just waiting to make sure the variance is okay. So once the variance is approved, the fence doesn't need a variance as well. No, it will not. Once you once you okay the line, then we'll they'll fence that line. So Okay, good. Um and then u um just so you will know, of course, you know, the staff we talked about the fact that there are no reasonable options because the house is already complete. Um and and they have showed their due diligence by um they're not using that framer. So, so that shouldn't shouldn't be an issue in the past in the future rather. All right. Thank you, Gary. Any other questions or concerns from the board? I make a motion. Second. Okay. All those in favor say I. I. I. All right. Variance is approved. All right. Next, we have a variance request for a portable carport at 384 Payton Street. Uh Joe Taylor, he will not be able to attend, but Gary will speak for Mr. Taylor. So Mr. Taylor reached out to Britney's office, Britney and her office, and asked for a variance to put a portable carport in front of his house, which would put him across the building line. Um there's about 40 ft between his house and the um um the structure or the highway rather. The structure is going to be 18 by 20. So, it's going to be about 20 ft. Um, basically the back of his uh back of his car take my my truck. I just had nowhere else to park. So, I'm up in his driveway taking these pictures. But, um, but the driveway would be in front of the uh uh end of his house there in front of the driveway and it would cover his car. He is extremely mobility impaired. Uh, he

um uses a power chair to to get back and forth to his vehicle, stuff like that. It's why he's not here tonight. Um so you know darting out there in in the weather and stuff to get in it's not not feasible. Um to the looking at the house to the left of that house is another house that they had uh we the code enforcement officer and I had stopped made contact with them because they had a portable type carport in front of their house and we told them they couldn't do that without a variance from the planning commission. So, we gave them the two options is get a variance from the planning commission or they actually had land to the side of their house enough that they could move the carport. In fact, that's what they did with the intentions of possibly coming back and adding a second carport to the side of that. Um, so they were given the option of going in front of the house, but they opted not to cuz they had they had options. He has no option. You can see Yeah, there's a tree there and then a utility pole. Yeah, you can see there where he's at. In fact, that's his power chair right in front of the fence. uh there there is um u not enough room for a carport or a side drive or anything like that. Um so um he has a true hardship. It is a hardship and and the staff recommends that we do a a conditional hardship variance. Okay. Meaning that if if and when he ever moves from that residence that the variance would no longer be enforced that they would whoever bought it uh would have to take the carport down. He's also been in contact with the highway department. I'm not sure who he talked to and I have not verified that, but I have no reason to doubt him. Um, is that the highway department has no current plans to expand. That was one thing I talked to him about is the rideway. The highway rightway, right? Um, if they ever come through there and make that threelane or even five lane, that's why they have the rideway. He has reached out to their engineering department. They've assured him there's no current plans and we don't know of any current plans that they have to do that. So, okay. Like I said, I have no reason to doubt him, but he knows that

if they come and take in more of their rideway that uh his variance would be conditional on that as well. Okay. All right. Thank you, Gary. Yes, ma'am. I make a motion that we accept with conditions. I second. All right. All those in favor? I Okay, passes. Okay. Um, and our last agenda item has been tabled until April, so we will not be having the that on. Um, let's see. So, I'll just go ahead and go into announcements. Uh, April 15th, the council meeting will be at 6:30 and that will be in the dining hall in city hall. Correct. Yes. Okay. Due to construction in here. Um, the 18th will be the ward extravaganza from 1 to 3. Um, April 28th will be our next planning commission meeting at 6:30. That will also be in the dining hall cafeteria. Okay. Cafeteria. And then May 3rd, spring cleanup um from 8 to 3. And May 10th will be our annual fishing derby. Does anybody from board have anything to say or add? I have a question on the uh I've read it in newspaper. I haven't really followed up on the reason I'm asking but the parking ordinance that they passed a new parking ordinance for the city. I don't know. I'm thinking was there a parking ordinance approved at the last last week's meeting? Okay. Yes. So 30 days from then is when it'll take in effect, right? Yes. Okay. Yes, it did pass. Mr. Burke. Okay. Okay, if there's nothing else, I'll go ahead and add one more announcement. It's coming in too late to get on the announcements, but Friday morning at 8:00, there is a ribbon cutting at the

Dollar General market on Highway 38. Okay. So, don't let coffee and the tour of the building will be be there. They'll be open. They may do a soft opening Thursday. They'll definitely open as soon as we get done cutting the ribbon at 8:00 Friday morning. So, they'll be'll be in business. Okay. Great. Great news for Ward. All right, I'll go ahead and close the meeting. It is Can he ask a question though? Yeah. This gentleman needs some guidance. He needs to be asking y'all for Okay, so I uh own property at Do what? Jason Eagle. Okay. Uh 2291 Payton Street. Um lived there for 10 years. I've recently relocated to another place in Ward. Um so that property I want to keep it. Mhm. Um but plans would be to make it a so you know we're getting a new vet school in Cabitt and then Jonesboro is getting a vet school. So use it as a clinical site for onfarmm training for those students. Um so would that need to go commercial? Yes, it would need to be reszoned. Okay. And you you can talk to staff about what all would go into okay getting that um switched over. But yeah, you can't have it in a res you can't have a school or a clinic in a residential zone. So if it's if it's uh zoned residential right now instead of agriculture or whatever it could be out there. So it go commercial not agriculture. That's the that's the question. Gary, is it like a clinic? Our teaching site. Our current zoning ordinance has I believe it's C1. It may be C2 that allows agriculture. Okay. But has agriculture but that's kind of on hold because they upended us at the state legisle right everything our whole we've been working two and a half years on three of us yeah our UDO is in

limbo we've been working on for two and a half years all these bills pass state then those are out window association state assocation opposing those changes see how it plays out. Either way, we have a zone that allows agriculture. Currently, it would be a commercial zone that allows agriculture. If if we find out that we can continue on with UDO, then it has an agriculture zone to it. So, so anyway, I wouldn't say couldn't do it, but it would involve this body. Okay. And we would have to have a public hearing and hear from the there would be no building changes, no fencing all there. I still have animals over there. So, okay. Yeah. No changes to the eye to the public. It would just be a way for students to learn. Is there anything about education for zoning in the commercial area? Actually, I want to confirm the approp debating the agriculture if that happens. So he just want to know how to proceed with his property. 2291. That's down there. It's right beside boundaries right now go with the education rather than the agriculture

let their clinical veterary so it could be educational I know in anything that's considered clinical teaching it's an educational setting current. So we do we do we have a decision? Did we have a decision? It was just a question at the end of the meeting. C1 C1 to reszone to C1 because the current zoning we haven't got the UDO and not sure if that's right. Go. But what if it what if it is uh zoned agriculture out there? Then he could do that. Then he could do it without reszoning, right? Yeah, that's my that's We just need to know what your property is zoned since it's way out there. Well, it's zoned R1 right now. Is it? Because it's next to beyond uh what's it called? Beyond boundaries. Boundaries. Yeah. That's probably special use. I doubt that zone. So yeah, that was that was a special use. Okay. Or uh non-conforming. Yeah. Nonforming. How much do you have? So I mean there's already agriculture in the area, right? When we reszone for the UDO, we can just zone it agriculture. But depending on the timing, if you want to do this soon, then you may want to reszone as a C1. If you want to wait and see what the legislators are going to do with zoning, this may be a moot point. Yeah, totally. Yeah. if they change and just do away with all zoning. Um, it's a free-for-all. It will be. Yes, that's a good word. I'll just leave it at that. All right, we're going to close the meeting now at 7:05. Thank you.