06/04/2012 MINUTES - Laserfiche WebLink

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Commissioners discussed the proposed amendment to the Zoning Ordinance. James Price asked will this limit access for this type of business within the city. Shawn Napier stated yes it would limit the business to a light industrial or heavy industrial district and they would have to apply for a specific use permit. Dennis Chalaire stated so the purpose of this ordinance is to define the types of establishments that fall under the jurisdiction of the ordinance and to provide a method for controlling where these types of establishments can be located by requiring they obtain a special use permit. Holland Harper asked does this mean that an existing business could have their certificate of occupancy repealed. Shawn Napier stated no existing businesses would not be affected they would be grandfathered until they move or change the business. Kent McIlyar, City Attorney stated the best example of a business of this nature would be the Waterpipe. The Waterpipe was forced to move after it was determined by the City that they had not applied for a Certificate of Occupancy. Once they applied it was determined they could not operate this type of business in the neighborhood service district they currently where located in. Mr. McIlyar further stated they moved to their current location on North Main which is a retail district. At that time the City didn't have any definition on the city's zoning books that would narrow this type of business down to a specific location, therefore they were allowed to relocate in a general retail district. The specific use permit you are considering would limit this type of business to a light or heavy industrial area and they would be required to apply for a specific use permit. Mr. McIlyar stated that this will trigger a site specific review; this review would require a public hearing and property owner notification thru the Planning and Zoning Commission; at which time the Planning and Zoning Commission would then make a recommendation to approve or deny the request to the City Council. After additional discussion the commission made the following recommendation. Motion was made by Holland Harper, seconded by Keith Flowers to recommend amending Sections 8 -108, 8 -201 and 12 -100 of the City's Zoning Ordinance No. 1701, limiting the operation of Head Shops to Heavy Industrial and Light Industrial zoning districts by specific use permit only to the City Council. Motion carried 6 -0. 4. Consideration of and action on the Master Plat of Lot I and 2, Block A, D & P Addition, being number 1150 Clement Road. Commissioners reviewed the master plat and attached City Engineer's memo. Shawn Napier reviewed the proposed new addition to the current structure which will include a new parking area with commissioners. Motion was made by Holland Harper, seconded by Jerry Akers, to approve the Master Plat, subject to the City Engineer's recommendation. Motion carried 6 -0. S. Consideration of and action on the Preliminary Plat of Lot I and 2, Block A, D & P Addition, being number 1150 Clement Road. Motion was made by Holland Harper, seconded by Dennis Chalaire to approve the Preliminary Plat, subject to the City Engineer's recommendation. Motion carried 6 -0.