Planning 09-29-93 b
PLANNING COMMISSION
September 29, 1993
The West Memphis Planning Commission held its regular scheduled
meeting at 3:30 pm, on September 29, 1993, at City Hall Council
Chambers, 205 South Redding.
Chairman Avery Called the meeting to order and roll was called.
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tv Present:
Jack Avery
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Commissioner Eddie Brawley
Commissioner Jack Woodard
Commissioner Willie Mae Rowe
Commissioner Taylor Crews
Commissioner Pat Magruder, Jr.
j Director of
Planning and Development Jim Covington
Assistant Director of
Planning and Development Renita Rash
I Secretary Christine Byrd
Absent:
Commissioner Frederick Anthony
Chairman Avery stated the first item on the agenda is the
correction, or approval of the minutes from the August 25, 1993
meeting.
Commissioner Woodard made the Motion to approve the minutes from
the August 25, 1993 meeting, Seconded by Commissioner Brawley.
Upon roll call vote Motion passed unanimously.
Chairman Avery stated the next item on the agenda is Public
Hearing, Rezoning application #07-93. This Public Hearing is
being conducted to consider the application of Gladys Turner, for
the property located at 428-430 South 14th Street, West Memphis,
Arkansas. The owner is requesting a Zoning change from R-4 Medium
Density Residential to R-2 Low Density Residential to remove a
Spot Zone and change the Zoning back to R-2 Low Density District.
The desired use for the property is for a residential manufactured
home.
After discussion Commissioner Brawley made the Motion to approve
the Rezoning Application #07-93 for Gladys Turner, for the
property located at 428-430 South 14th Street, West Memphis,
Arkansas, from R-4 Medium Density Residential to R-2 Low Density
Residential to remove a Spot Zone, to allow Ms. Turner to use this
property for a residential manufactured home, Seconded by
Commissioner Crews. Upon roll call vote the Motion passed
unanimously.
Chairman Avery stated the next item on the agenda is other
business, amendments to the Zoning Ordinance.
Mr. Covington stated one of the things we need to better address
is nonconforming uses of lands and structures. The way the time
i is determined now is by the utility date and by checking to see if
there is a current Priviledge License. Mr. Covington stated the
Zoning Ordinance should be amended. We have come up with the
' following draft:
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Planning Commission
September 29, 1993
page two
ARTICLE VII
NON CONFORMING STRUCTURES AND USES OF LAND AND STRUCTURES
Section 1
NONCONFORMING USE OF LAND
Where, on the effective date of adoption of this ordinance, a
lawful use of land exists that is made no longer permissible under
the terms of these zoning regulations as enacted or amended, such
use may be continued, so long as it remains otherwise lawful,
subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment
of this zoning ordinance.
B. If any such nonconforming of land ceased for any reason
for a period of more than six (6) months, any subsequent
use of such land shall conform to the regulations
specified by this ordinance for the district in which
such land is located.
C. Maintaining a business license and utilities will not be
considered a continuation of use unless proof of constant
land occupancy and usage is also provided.
Commission members discussed the proposed changes presented and
how this situation could be effectively verified and controlled.
The Commission decided to continue discussion on this at another
time, so staff could check with other Cities and see how they
handle this type situation.
Mr. Covington stated another situation we need to better address 4;1
is visibility at intersections and corner lots and presented the
the following changes for review and discussion:
Section 10
Visibility at Intersections and Corner Lots
On a corner lot where the rear and side yards abut an interior lot
front yard, nothing shall be erected or allowed to grow in such a
manner as materially to impede vision between a height of two and
one-half (2 1/2) feet and ten (10) feet above the center line
grade of the intersecting street and the driveway entrance, to the
interior lot. This clear sight area shall be bounded by the
street right-of-way lines ( not the curb lines) along such corner
lot side yard, the rear yard property line, and the line joining
a point twenty-five (25) feet along said street right-of-ray from
intersection with the rear property line and a point ten (10) feet
along the rear property line from said intersection.
Mr. Covington stated the problem of shrubs and other plantings in
the right-of-way is a problem at many locations in the City. We
can't control where people plant all the time and re will always
have some type of problem with this.
Mr. Sam Lehr addressed the Commission stating we should take
advantage of the existing Ordinance and try to do something about
the existing problem across from West Jr. High School, because
this is a safety hazard.
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Planning Commission
September 29, 1993
page three
Mr. Covington stated this situation would fall under the
Grandfather Clause.
Chairman Avery stated we could change to line of site and not use
dimensions.
After discussion, Chairman Avery asked Mr. Covington to research
this and see how we can better regulate this problem.
Chairman Avery stated the next
item
agenda
thellandthe
owners andeXwe
Area. We have discussed this with some
have had several letters on proposed uses for Industrial and
Commercial, rather than Residential. At this point I think we
should leave as is and let the property owners come to us and
handle it then.
Commissioner Brawley stated we need to see what Marion has planned
and look at the report Manes and Massie did.
Commissioner Avery asked Commissioner Brawley if he had a drawing
showing where the road from Marion was going to be located.
Commissioner Brawley stated yes.
Commissioner Avery stated he would like to see what uses the
property owners come up with.
Commissioner Woodard asked Jim if he had looked into the idea of
having a holding zone.
j ., Mr. Covington stated he had looked into having a holding zone and
it would be for a more needed area. This would not be good for
us, because the owner can be an absentee property owner. There
would be no way to promote development.
Commissioner Brawley stated right now, at least, we have a zone,
but no land use plans. We need a Comprehensive Plan, because of
roads and utilities for the area. West Memphis Utility can't do
anything until the use is stated. They can't build roads until
there is a need for them. If we had needComprehensive
thisPlan
and could
make
plan roads and utilities, etc. We
these decisions.
Mr. Covington stated we can take their drawings and what we have
and put it on paper, then bring back for the Planning Commission
to look at.
Mr. Gill Horton, West
rPhisThatUtility
areaDepartment,
need anotherthat
service
has a waste water poblem
treatment plant.
Commissioner Avery stated the next item on the agenda is time for
the Planning Commission meeting other than 3:30.
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‘Iiiw After discussion, the Commission couldn't come up with a time and
decided to take action at another time.
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I
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Planning Commission
September 29, 1993
page four
There being no further business, the meeting adjourned.
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tiJack Av- • :firman
Christine Byrd, Secret., y