May 26, 2011MINUTES
COMMISSION MEMBERS PRESENT COMMISSION MEMEBERS ABSENT STAFF MEMBERS PRESENT
OTHER STAFF MEMBERS ABSENT Chairman Wyeth called the regular meeting of the Maumelle Planning Commission to order at 6:30 pm. ANNOUNCEMENTS Mr. Narey stated Commissioner Johnson and Chairman Todd were absent. Mr. Narey also gave information regarding a Memorial Day event. APPROVAL OF MINUITES FOR April 28, 2011 Chairman Wyeth asked for comments and/or changes to the minutes as submitted. MOTION: Commissioner Kierre made a motion to approve the minutes with changes requested. Commissioner Fisher seconded the motion and the motion passed unanimously. PUBLIC COMMENT Chairman Wyeth opened public comment at 6:31pm. OLD BUSINESS There was no old business NEW BUSINESS
Mr. Narey stated the applicant was requesting a fitness center to be located in a C-3 zoning district. Mr. Narey stated Staff recommended for a do pass recommendation to the City Council. Commissioner Kierre asked if the applicant was made aware of the Conditional Use Permit requirement after notification from the City. Craig Williams, MOTION: Commissioner Fisher made a motion to recommend for approval to the City Council a Conditional Use Permit to allow a health facility to be located in a C-3 zoning district. Commissioner Kierre seconded the motion and the motion passed unanimously. B) Conditional Use Permit Request to locate a Church in a C-3 Zoning District Mr. Narey stated the property owner was granted a Conditional Use Permit in 2008 for Tutu’s and Tennis Shoes to locate an educational facility in a C-3 Zoning district, in 2009 Covenant of Zion church was granted a Conditional Use Permit to locate a church on the property. Mr. Narey also stated in 2010 a Conditional Use Permit was granted allowing the facility to also become an event center, under the definition of an events center it states all events are to be temporary uses. Mr. Narey stated a one to two year time of operation by the applicant was not in keeping with the intent of the ordinance granted at this property. Staff recommended for a do not pass recommendation to the City Council. Madam City Attorney Davis stated this would be the third Conditional Use Permit, however events under the uses allowed in an events center that are temporary will not require individual Conditional Use Permits. Commissioner Kierre asked if there were currently any ordinances limiting the number of allowed Conditional Uses for one facility. Madam City Attorney Davis stated there was no such ordinance in place at that time. Commissioner Fisher stated the facility as an events center would not allow the church to operate for one to two years and that was not the intent of the ordinance. Commissioner Fisher stated he was not in favor of the request.Charity Headley, 2 Hayley Drive, property owner, stated the primary function of the building was to hold dance classes on Mondays through Thursdays, however with the declining economy they felt they could make the most use of their building also operating as an events center on Fridays and Saturdays to help supplement income. Mrs. Headley stated they would also like to allow rental of the facility on Sundays and the applicant will sign a contract stating he will only be allowed access to the facility on Sundays. Commissioner Kierre stated she felt the three Conditional Use Permits were three separate requests and was in favor of the request. Commissioner Kierre stated the Commission could amend the Ordinance to limit the number of allowed Conditional Use Permits for one facility in the future, and that the Commission could apply a time limit to this application to ensure no conflict with the dance studio or events center uses. Mr. Ben Moreno, applicant, stated he would only operate as a church on Sundays and if another service was to be added due to growth in the future any additional services would be scheduled for a later time of day on Sundays. Mr. Moreno and Mrs. Headley stated their contact would read the church could only operate on Sundays and they would comply. Mr. Moreno also stated it was his hopes to one day have a permanent facility. MOTION: Commissioner Kierre made a motion to recommend for approval to the City Council a Conditional Use Permit Application, church to be located in a C-3 Zoning District subject to Commissioner Comments. Commissioner Green seconded the motion and the motion passed. In favor: Commissioners Greene, Kierre, Green, and Wyeth Not in favor: Commissioner Fisher Absent: Chairman Todd and Commissioner Johnson C) Proposed Amendment to Sec.94-321 and Sec.94-323, regarding automobile filling station as a conditional use only an a C-1 Zoning District Mr. Narey stated after review Staff and the Commission proposed to amend the City Code to reflect automobile filling stations as a conditional use in a C-1 zoning district. MOTION: Commissioner Fisher made a motion to recommend for approval to the City Council an amendment to the Maumelle City Code, Sec. 94-321 and Sec. 94-323, regarding automobile filling stations in a C-1 zoning district. Commissioner Kierre seconded the motion and the motion passed. DISCUSSION ITEM: 1.) Discussion regarding a Proposed Amendment to Sec.94-10 and Sec. 94-67, regarding signage advertising Amendments, Variances, and Conditional Use Permit requests. Mr. Narey stated there were requests from the citizens regarding the size of signage used for public notice regarding rezoning, conditional use permits, variances, and land use amendments. Mr. Narey stated he had conducted research and the information collected was provided to the Commission. Mr. Narey stated he spoke with Maumelle Public Works Director, PUBLIC HEARING WAS CLOSED AT 7:02 pm. LIASON REPORT May 2 – Commissioner Kierre stated there were the third reading and passing of Ordinance 770 & 771, and the third reading of Ordinances 772-775. MOTION: Commissioner Kierre made a motion to adjourn the meeting. Commissioner Fisher seconded the motion and the motion passed unanimously. ANNOUNCEMENTS Mr. Narey thanked Vice- Chair Wyeth for stepping in as Chairman for the meeting. The meeting was adjourned at 7:08 p.m. Approved:
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