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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. k tv Present: Jack Avery y 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: 1 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. w 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. k. ‘Iiiw After discussion, the Commission couldn't come up with a time and decided to take action at another time. 1 I • Planning Commission September 29, 1993 page four There being no further business, the meeting adjourned. il tiJack Av- • :firman Christine Byrd, Secret., y