July 28, 2011

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MINUTES
REGULAR MEETING
CITY OF MAUMELLE
PLANNING COMMISSION
July 28, 2011
6:30 PM
CITY HALL

 

COMMISSION MEMBERS PRESENT

Robin Green
Wallace Wyeth
Mike Fisher
Julie Kierre
Adrian Greene
Craig Johnson
John Todd 

COMMISSION MEMEBERS ABSENT

STAFF MEMBERS PRESENT

Jim Narey, Planning Director
JaNan Davis, City Attorney
Lawren Fason, Project Coordinator 

OTHER STAFF MEMBERS ABSENT

Mizan Rahman, City Engineer
Dwight Pattison, Planning Consultant

Chairman Todd called the regular meeting of the Maumelle Planning Commission to order at 6:30 pm.

ANNOUNCEMENTS

Mr. Narey announced Mr. Pattison was in China. Mr. Narey also gave information regarding the EPA Grant for the wetlands.

APPROVAL OF MINUITES FOR June 23, 201

Chairman Todd asked for comments and/or changes to the minutes as submitted. Commissioner Johnson made requests for changes.

MOTION:     

Commissioner Wyeth made a motion to approve the minutes with changes requested. Commissioner Fisher seconded the motion and the motion passed unanimously. 

PUBLIC COMMENT

Chairman Todd opened public comment at 6:31pm. 

OLD BUSINESS

There was no old business                                                                                                       

NEW BUSINESS

Chairman Todd Convened the Board of Zoning Adjustment at 6:34pm.

A) Request for variance regarding Sec. 94-551. (c) (1) a.b. (regarding the placement of an accessory structure) 

Mr. Narey stated the applicant, Mr. and Mrs. McElhaney, 106 Deville, were requesting a variance regarding the placement of an accessory structure. Mr. Narey stated it was approximately 5-6 inches off the side yard and maybe 3-4 feet off the rear yard. Mr. Narey stated the applicant had letters of support and one letter of non- support. Mr. Narey also stated he received one email from a neighbor that was not in support of the request. There were photos of the property presented to the Planning Commission.

Commissioner Johnson asked of Staff the definition of “structure” at the time the concrete pad was placed on the property. Mr. Narey stated he was unsure of the definition at that time. Jim Morley, Director of Code Enforcement City of Maumelle, stated the proposed location of the concrete pad would be in non-compliance of City code. Mr. Morley stated this was brought to the attention of Code Enforcement upon the application for permit to locate the accessory structure. Commissioner Fisher asked if the Country Club of Arkansas Bill of Assurance contained accessory structure placement guidelines.  

Mr. Morley stated the Country Club of Arkansas Bill of Assurance did contain guidelines. Mr. Morley stated over the last three to four years the Code Enforcement Department had tried to ensure accessory structures were in compliance, however at this time all non-compliant accessory structures had not been addressed. Mr. Morley stated he would not recommend for approval of the variance being requested.

Albert McElhaney, 106 Deville, stated there was also a water flow problem on the property and he believed the foundation for the structure would wash away if placed in a location that was in compliance with City Code. Mr. McElhaney stated there would be tools stored within the proposed accessory structure. Mr. McElhaney stated he would comply with the decision of the Commission.

Commissioner Fisher asked if the building description provided to the Commission was an accurate reflection of what was intended to be built.

Mr. McElhaney stated Home Depot would build onsite a 10 X 8 building.                                                                                                                       

Mary McElhaney, 106 Deville, stated she and her husband had worked very hard on their back yard and take pride in the appearance of their home and yard. Mrs. McElhaney stated details regarding problems they incurred with water flow on their property.

Commissioner Green asked applicant who owned and maintained the fence next to the concrete pad. Mr. McElhaney stated the fence was owned and maintained by his neighbor.  Commissioner Kierre stated she felt if the variance was granted an unfavorable precedent would be set.Commissioner Kierre felt everyone should be required to comply with the City Code.   

MOTION:           

Commissioner Kierre made a motion to approval a variance request regarding Section 94-551 ( c)(1)a.b. regarding placement of an accessory structure. Commissioner Green seconded the motion.In favor: None

Not in favor: Commissioner Fisher, Wyeth Greene, Kierre, Green, Johnson, and Todd
The motion failed. 

Reconvene Planning Commission:

Planning Commission was reconvened at 7:00pm.

MOTION:           

Commissioner Fisher made a motion to reconvene Maumelle Planning Commission. Commissioner Johnson seconded the motion and the motion passed unanimously.  

B) Site Plan Review

Mr. Narey stated the site plan was to accommodate a uniform company. Mr. Narey stated the project engineer had submitted plans to the City Engineer, and asked applicant to add the legal description on the site plan. Mr. Narey stated Staff recommended for contingent approval. Thomas Pownall, 3810 Lookout Road, stated the legal description was included on the updated Site Plan as requested.   

MOTION:           

Commissioner Fisher made a motion to approve Site Plan for Unifirst Corp contingent upon satisfaction of all Staff, Commission, and City Engineer comments. Commissioner Kierre seconded the motion and the motion passed.                         

C) Landscape Plan Review

Mr. Narey stated after second Staff review, Staff recommended for approval as submitted.

MOTION:           

Commissioner Kierre made a motion to approve the Landscape Plan for Unifirst Corp contingent upon satisfaction of all Staff, Commission, and City Engineer comments. Commissioner Wyeth seconded the motion and the motion passed unanimously.

GENERAL DISCUSSION:

Mr. Narey stated it was brought to his attention to take a closer look at the design requirements for the Master Street Plan. Mr. Narey stated he was researching information and would be ready for discussion at the August Subcommittee meeting.  

PUBLIC HEARING WAS CLOSED AT 7:04 pm.

MOTION:      

Commissioner Wyeth made a motion to close public hearing. Commissioner Fisher seconded the motion and the motion passed unanimously.                                                                                           

LIASON REPORT

July 5– Commissioner Wyeth stated there were the third reading and approval of Ordinance 779, and the second reading of Ordinances 781-783, also the first reading of Ordinances 784-787.                                                                                                                        

July 18 –Commissioner Green stated there was the third reading and approval of Ordinances 781- 783, and the second reading of Ordinance 784-787.                                                                                                

MOTION:      

Commissioner Wyeth made a motion to adjourn the meeting. Commissioner Kierre seconded the motion and the motion passed unanimously.

ANNOUNCEMENTS  

The meeting was adjourned at 7:10 p.m.

Approved:

 

_______________________________
Chairman John Todd
August 25, 2011  

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