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2323 ORDINANCE NO. a 3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 257 FRONT STREET,ALLOWING AN INSIDE TOWING FACILITY IN AN I-1,INDUSTRIAL DISTRICT. WHEREAS, application has been made to the City Planning Commission, on August 7, 2013, for a Special Use Permit to allow a Towing Facility, in an I-1, Industrial District, as required by Ordinance No. 1988, as amended. WHEREAS, after notice had been published for the time and in the manner as provided by Ordinance No. 1988, as amended, the matter was heard by the City Planning Commission on Wednesday, August 7, 2013 and the Planning Commission recommended a Special Use Permit be granted to allow a Towing Facility at 257 Front Street, located in an I-1, Industrial District, with the following criteria: 1. Inside storage of vehicles only. 2. Additional storage of vehicles on existing concrete pad on east side of property, only with site-proof fencing. 3. No storage of debris or scrap. 4. Provide handicap parking and accessibility as required by ADA. 5. Provide additional required hard surface drives and parking, to be installed within 90 days, or temporary Certificate of Occupancy shall be revoked. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS ARKANSAS: SECTION 1: The following described property,to wit: Address: 257 Front Street West Memphis, Arkansas Legal Description: Lot 4 Estes Subdivision and the same hereby is granted a Special Use Permit allowing a towing facility at 257 Front Street, located in an I-1, Industrial District, with the following criteria: 1. Inside storage of vehicles only. 2. Additional storage of vehicles on existing concrete pad on east side of property, only with site-proof fencing. 3. No storage of debris or scrap. 4. Provide handicap parking and accessibility as required by ADA. 5. Provide additional required hard surface drives and parking,to be installed within 90 days, or temporary Certificate of Occupancy shall be revoked. Ordinance No. 3 a 3 Page Two SECTION 11: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. c ADOPTED THIS I `"n'• DAY OF ,2013. Mayor,William H. ohnson ATTEST: City erk, Phillip Para 9)A( ' • • VVI G`.%', \ 1 C W•W•S i\f C5l® \1Af '4 w5, CITY OF WEST MEMPHIS West M.mphi., Arkin... 72301 Planning and Development Ph#(870)732-7520 MEMO TO: Mayor William H. Johnson and City Council Members FROM: Christine Byrd, Planning Commission Coordinator DATE: August 9, 2013 RE: Recommendations from the regular scheduled Planning Commission meeting held on Wednesday, August 7, 2013, to the Mayor and City Council, on Thursday, August 15, 2013. I. Special Use Permit, 257 Front Street, Towing/Recovery Company Application, Case#SUP-01-13—The Planning Commission recommended to approve the Special Use Permit Application, for Mr. Timothy Clark, to allow a Towing/Recovery Company, at 257 Front Street. The Commission recommended approval, subject to the following criteria: 1. Inside storage of vehicles only. 2. Additional storage of vehicles on existing concrete pad on east side of property, only with site-proof fencing. 3. No storage of debris or scrap. 4. Provide handicap parking and accessibility as required by ADA. 5. Provide additional required hard surface drives and parking. (To begin in 6 months and have completed in 12 months). PLANNING COMMISSION MINUTES February 27, 2013 The West Memphis Planning Commission held its regular scheduled meeting on Wednesday, February 27, 2013 at 3:30pm, in the City Council Chambers, at 205 South Redding, West Memphis,Arkansas. Chairman Avery called the meeting to order and roll was called. Present: Chairman :Jack Avery Vice-Chairman : Pat Magruder,Jr. Commissioner : Eddie Brawley Commissioner : Frederick Anthony Commissioner :Jack Woodard Director of Planning : Paul Luker and Development Assistant Director : Christine Byrd of Planning and Development City Engineer : Philip Sorrell Secretary : Linda Montgomery Absent: Evening Times Representative : Ralph Hardin Chairman Avery presented the minutes from the January 30, 2013 regular scheduled meeting for approval/correction. Commissioner Woodard made a motion to approve the minutes as presented; motion was seconded by Commissioner Magruder. Upon voice vote motion passed unanimously. The next item presented for discussion Rezone, Lots 1&2,Sechrest Subdivision, 1075 N. 7th Street,Application Case#RZ-01-13-This plat was presented by the property owner Mr. Ness Sechrest, represented by Mr. Dennis Sorrell,Sorrell Consulting Engineers. The property owner was requesting the Commission to consider rezoning the property from C-I, General Commercial,to C-2, Open Display Commercial. The property currently has a car wash on Lot 1 and Lot 2 is vacant. The property owner was requesting the zone change due to a client who would like to open a used car business at the location. This property directly to the North,West and South is Zoned I-1, Limited Industrial District. The property directly to the East is Zoned C-1, General Commercial District. After review and discussion, Commissioner Woodard made a motion to approve the rezone request and Rezone Lots 1 & 2, Sechrest Subdivision, 1075 N. 7th Street, From C-1, General Commercial,to C-2, Open Display Commercial. Motion was seconded by Commissioner Woodard, after roll call, motion passed unanimously. In other business, the Commission approved the Lot Consolidation Plat, Lots 10-13, Block 57, Showers Subdivision,Application Case#SD-2-13-The plat was presented by the property owner Mr. Steve Lackey, represented by Mr. Dennis Sorrell, Sorrell Engineers. this property is located at approximately 1220 Bush Avenue and zoned R-2, Low Density Residential. There being no further business, the meeting adjourned. • i PLANNING COMMISSION APPLICATION FILING DATE: 09-10- PETITION CASE NO: S V? - D I - 13 TYPE PETITION REQUEST: S-� rco Li S i re y m 1. NAME OF APPLICANT: I I (Y h y \NI • Owe . e MAILING ADDRESS: pt 5 ri a v-\"t �t( n 'A 6( cv PHONE NO: `VA 4 2)9_ICQO FAX NO: g`-1 0 - 400- °a.19 La 2. APPLICATION IS HEREBY MADE TO THE CITY PLANNING COMMISSION,PURSUANT TO THE ARKANSAS LAW ON CITY PLANNING, ACT 186 OF 1957,ACTS OF ARKANSAS,AS AMENDED AND THE WEST MEMPHIS ZONING ORDINANCE NO. 1988,AS AMENDED, PETITIONING FOR OF THE FOLLOWING DESCRIBED AREA: STREET ADDRESS: a 51 Fr On t St . W eSt Yam rIi\t , )GAL DESCRIPTION: Coin t' .Q,r6 0.l C7 ra4 0 W► CiL t w l Si-c. 'r0. O .�Ol /4 a tom( Se, cLC e. W i t-in co�nc�+-e, o�rlc r in d.r6 VeS i - econ t- P � 3. TITLE TO PROPERTY IS VESTED IN:T%v &2 - ' . C AX IC ar(', ADDRESS: \ .9- ■ 0 aiCt.CWOrl D i. S, A CONTACT PHONE NO: 43OF- �I��- v2O )() FAX NO(620) L/00 o L9 4. REQUEST IS BEING MADE BY THE APPLICANT ASKING THE WEST MEMPHIS PLANNING COMMISSION TO CONSIER: SOCO t(l CIOS I( 1 OWE S ' ;peel uVz-, 7 jpe c;1...t. tASL V€X wt,i-t 1 S ue.e A to • PLANNING COMMISSION APPLICATION PAGE TWO 5. PRESENT USE OF PROPERTY: Mi C. e_ • 6. DESIRED USE OF PROPERTY:TO W f J& f\ M) -o ei ,l 7. A STATEMENT EXPLAINING WHY THE PROPOSED CHANGES WILL NOT CONFLICT WITH SURROUNDING LAND USES AND/OR THE COMPREHENSIVE PLAN.^TlJ'-Q 6u2k I.CL.t i S k C< aLct� tLQ�. Q th ACpl i S Cc 'ems \b-t C 1p t �SPt� ©� -Fro M . 8. LIST ANY DEED RESTRICTIONS PERTAINING TO THE,41USE OF THIS PROPERTY? (YES) OR(NO)IF YES,DESCRIBE: 9. INCLUDE MAP OF SUBJECT PROPERTY HEREWITH,AND THE MAP SHOWS: a. THE DIMENSIONS OF EACH PROPERTY LINE AND ANY ADJOINING RIGHT-OF-WAYY; b. THE OUTLINE OF ANY BUILDINGS ON SUBJECT PROPERTY AND ADJACENT PROPERTIES,AND; c. LAND USES OF ALL LANDS ADJACENT TO,OR LOCATED DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY. 10. THE APPLICATION FILING FEE OFS U o O HAS BEEN PAID TO THE CITY CLERK. 11. PUBLIC NOTICE: IT IS UNDERSTOOD THAT NOTICE OF THE PUBLIC HEARING BEFORE THE PLANNING COMMISSION MUST BE PUBLISHED AT LEAST ONE (1) TIME FIFTEEN(15)DAYS PRIOR TO SAID HEARING IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. PLANNING COMMISSION APPLICATION PAGE THREE COMPREHENSIVE PLAN CHANGE: WHEN MAKING A ZONE CHANGE REQUEST,IF THE ZONING CHANGE DOES NOT CONFORM TO LAND USE CLASSIFICATION SHOWN ON THE COMPREHENSIVE PLAN, THE PLANNING COMMISSION MUST FIRST CONSIDER AT A PUBLIC HEARING THE NECESSARY CHANGE IN THE COMPREHENSIVE PLAN. THIS WILL REQUIRE A SEPARATE LEGAL NOTICE WHICH MUST ALSO BE PUBLISHED FIFTEEN (15)DAYS PRIOR TO THE PUBLIC HEARING. IT IS THE RESPONSIBILITY OF THE APPLICANT TO PUBLISH THESE REQUIRED NOTICES. OWNER RESPONSIBILITY: IT IS THE PROPERTY OWNERS RESPONSIBILITY TO CONTACT,BY CERTIFIED MAIL,ALL PROPERTY OWNERS,WITHIN 500 FEET OF THE PROPERTY BEING REZONED. PROOF OF CERTIFIED MAILING MUST BE PROVIDED. POSTING OF SIGN: THE PROPONENT OF CHANGE SHALL POST A SIGN ON THE PROPERTY FIFTEEN (15)DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING AND ON WHICH IS SET FOR THE DATE AND PLACE OF HEARING AND THE EXISTING AND PROPOSED CHANGE, IN ZONING CLASSIFICTION. THE SIGN WILL BE FURNISHED BY THE CITY AND SUBJECT TO A $25.00 DEPOSIT, REFUNDABLE WHEN SIGN IS RETURNED. 12. UNDER PENALTIES OF PERJURY,I DECLARE THAT I HAVE EXAMINED THIS PETITION, INCLUDING ACCOMPANYING MATERIALS AND STATEMENTS,AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS TRUE, CORRECT AND COMPLETE. PETITIONER(S) SIGNATURE: Or) I O I3 •