Loading...
HomeMy WebLinkAbout2007-09-10 MinutesPlanning Commission September 10, 2007 Page I of 17 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 10, 2007 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: August 27, 2007 Approved Page 4 VAC 07-2705 (DRIVER S/D, 295) Forwarded Page 4 VAC 07-2706 (HAMMONS/GREENBRIAR, 215) Forwarded Page 4 VAC 07-2707 (CITY OF FAYETTEVILLEBROYLES, 515) Forwarded Page 4 LSD 07-2697 (ARNOLD ORTHOPEDICS, 175) Approved Page 4 LSD 07-2677 (LOT 9 TIMBERLAKE OFFICE PARK, 135) Approved Page 4 CUP 07-2666 (VERIZON WIRELESS SANG AVE., 481) Tabled Page 6 RZN 07-2708 (CITY OF FAYETTEVILLE FIRE STATIONS) Tabled Page 7 CUP 07-2692 (VERIZON TOWER MEMORIAL DR., 406) Approved Page 8 CUP 07-2701 (SPORTS PARK OF ARKANSAS, 440) Approved Page 10 CUP 07-2703 (THE CHURCH AT ARKANSAS, 270) Approved Page 11 CUP 07-2702 (SISEMORE, 561) Approved Page 12 CUP 07-2704 (SCARPINO'S, 484) Approved Planning Commission September 10, 2007 Page 2 of 17 Page 14 CUP 07-2721 (FELLOWSHIP OF THE HILLS, 363) Approved Page 15 RZN 07-2691 (JB HAYS, 610) Page 16 Forwarded A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission September 10, 2007 Page 3 of 17 MEMBERS PRESENT Jill Anthes Matthew Cabe Audy Lack Christine Myres Sean Trumbo Lois Bryant Alan Ostner Porter Winston STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT James Graves STAFF ABSENT Planning Commission Chair Jill Anthes called the meeting to order. Commissioner Anthes requested for all cell phones to be turned off, and informed the audience that listening devices were available. Jeremy Pate, Director of Current Planning, called the Planning Commission roll. Commissioners Bryant, Myres, and Graves were not present, although Commissioners Bryant and Myres arrived later. Commissioner Bryant arrived after the consent agenda. Planning Commission September 10, 2007 Page 4 of 17 Consent: Approval of the minutes from the August 27, 2007 Planning Commission meeting. VAC 07-2705: Vacation (DRIVER S/D, 295): Submitted by FREELAND, KAUFMANN & FREEDEN for property located at THE EAST END OF TOWNSHIP. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1,789 square feet. The request is to vacate the excess right-of-way on the north and south sides of Township. VAC 07-2706: Vacation (HAMMONS/GREENBRIAR, 215): Submitted by STITT ENERGY SYSTEMS, INC. for property located at 30 N. GREENBRIAR DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0. 14 acres. The request is to vacate a portion of a utility easement on the subject property. VAC 07-2707: (BROYLES RD., 515): Submitted by CITY OF FAYETTEVILLE for property located at 15 S. BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 3.19 acres. The request is to vacate a portion of the right of way of the abandoned street after re-routing. LSD 07-2697: (ARNOLD ORTHOPEDICS, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at LOT 4A, VANTAGE SQUARE, N OF JOYCE BETWEEN PARKVIEW AND PARKSHORE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.49 acres. The request is for a 23,236 s.f. medical office building with associated parking. LSD 07-2677: (LOT 9 TIMBERLAKE OFFICE PARK, 135): Submitted by H2 ENGINEERING, INC. for property located at LOT 9 TIMBERLAKE OFFICE PARK, N OF ZION AND E OF LOWE'S. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 2.07 acres. The request is for a large scale development with a 20,500 s.f. office building and associated parking. Commissioner Anthes asked if any item should be removed consent. Commissioner Lack stated he would be recusing from the vote. Motion: Commissioner Ostner moved to approve the consent agenda, without the minutes from the August 27 meeting, as he was not present. Commissioner Trumbo seconded the motion. Upon roll call the motion passed 6-0-1, with Commissioner Lack recusing. Motion: Planning Commission September 10, 2007 Page 5 of 17 Commissioner Trumbo moved to approve the consent agenda item #1, the minutes from the August 27 meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed 7-0-1, with Commissioner Ostner recusing. (Commissioner Bryant arrived) Planning Commission September 10, 2007 Page 6 of 17 Old Business: CUP 07-2666: (VERIZON WIRELESS SANG AVENUE, 481): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at THE SANG AVENUE WATER TOWER SITE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0. 13 acres. The request is for a 150' wireless communication facility on the subject property. Commissioner Anthes asked if the item was to be tabled. Andrew Garner, Senior Planner, stated that it was, based on the request of the applicant. Commissioner Anthes asked if there were any member of the public that would like to speak to the item. Seeing a member raise a hand, she asked that the staff give a brief report. Garner gave a brief description of the project, and stated the applicant was evaluating the cost of relocating overhead electric lines in the vicinity of the proposed southern location that staff was recommending the tower be relocated. Andy Cunnyngham, applicant, stated he had no further comment beyond the staff report. Phelicia Farris (citizen) proposed an idea that she felt the City of Fayetteville might be interested in. The City should utilize an independent contractor, instead of an actual cell company, to build these towers. Elm Springs does this and it allows other carriers to use the towers after construction of the tower. This would put the City in a position so it won't have the same problem later with other carriers, such as Alltel and Verizon, not knowing what the other competing carrier's tower will allow. If the tower is installed by an independent company, we can reduce towers with individual cell carriers, and make them all work together. Kit Williams, City Attorney, stated he has discussed the contract to lease the property with Verizon. An agreement has been worked out, it is not yet approved, that allows a Verizon 150' tower, and which is revenue sharing. It is anticipated that there will be other cell companies to use this tower, as well. In fact, there are provisions in the lease that requires them to share. He stated he agrees with the citizen, and the City doesn't want a plethora of towers. The Alltel tower is old, and that applicant was likely approved under different Conditional Use Permit code. Motion: Commissioner Lack made a motion to table the request to the September 24`h Planning Commission meeting. Commissioner Myres seconded the motion. The motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 7 of 17 RZN 07-2708: (CITY OF FAYETTEVILLE FIRE ST., 255): Submitted by CITY OF FAYETTEVILLE for property located at VARIOUS LOCATIONS. The property is zoned VARIOUS ZONING DISTRICTS. The request is to rezone all of the existing Fire Stations and proposed sites (except F.S.1) to P-1, Institutional to bring them into zoning compliance. Jeremy Pate, Director of Current Planning, described the city -initiated rezoning of Fire Stations within the City, excluding the downtown station #1 . The purpose is to bring these properties in to compliance with their current uses. Staff needs more time to get all legal descriptions and other information together before this item goes forward. No public comment was received. Motion: Commissioner Ostner made a motion to table the request until the October 8"', 2007 Planning Commission meeting. Commissioner Winston seconded the motion. The motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 8 of 17 CUP 07-2692: (VERIZON TOWER MEMORIAL DRIVE, 406): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at 110 E MEMORIAL DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.74 acres. The request is for a 150' cellular tower on the subject property. Andrew Garner, Senior Planner, gave the staff report, describing the site location, proposed tower, surrounding properties and other sites reviewed for the tower to be located upon, including the VA hospital and the city park property to the north. Based upon the findings found within the staff report, staff is recommending approval of the request, with conditions. Staff recommends to camouflage the tower as a flagpole as stated in condition #1, due to the location and high visibility. All other conditions are fairly standard. Commissioner Anthes asked staff to clarify their recommendation for color. If the tower was to be a monopole, it would be painted blue, and if it was a flagpole it would be white? Garner stated that yes; it would be more appropriate white if a flagpole design. Andrew Cunnyngham (applicant) stated that he accepts staff recommendations regarding the flag pole and other conditions. Verizon is providing this tower as required to provide coverage under the Federal Telecommunications Act. Avon Haury (public) represented the VA Hospital. He stated he would like the City Council to go along with the flagpole in the northwest corner of that wooded area, and that the VA supports that location. He stated he was curious what the set back would be and conferred with Andrew Garner, away from the podium. He then restated again that he would like the Council to go along with the flagpole in the northwest corner of that wooded area. Kit Williams, City Attorney, stated he had a question for Cunnyngham. Williams read the condition #12 which he stated: "Co -location shall be permitted on the subject tower by multiple carriers in compliance with our code. " He stated a concern with the lease area of 50'x 50', when in previous negotiations of lease agreements at the site of the water tower a minimum of 75' x 75' had been required for the equipment for other carriers, for each company to have their own building. Cunnyngham stated that there would be more than enough area for at least one more carrier, and in his experience that Verizon has several other places with two carriers in that size of an area. Our client would work gladly with the landlord to expand the lease area if necessary. Williams stated he would be more comfortable that way, because there are several cell phone companies out there and we don't know how many in the future may co -locate. That is why we basically require you to take more land, even though we weren't charging you more, with the other lease arrangements. At the other site, we had it at 75'x75' to ensure other carriers had sufficient ground space for them. Cunnyngham stated he was not involved in those other lease negotiations, that was Mr. Wooden, but he recalled that a 75' x 75' area would have room for at least three co -location carriers. That Planning Commission September 10, 2007 Page 9 of 17 matches his memory and understanding based on other similar sites he has been involved with. He stated he is quite sure the 50' x 50' area would be good for at least two, perhaps three. There is plenty of extra room on the site. The landlords have been generous and cooperative, and he is sure they wouldn't have a problem with additional space if it became necessary for a third carrier. Williams stated that is one of the conditions of approval, that you shall allow additional carriers, and that implies that if additional space was needed for tower equipment, it will be obtained for the equipment for additional carriers, and you would obtain that space to accommodate those carriers. Cunnyngham stated yes, that is the case. He added that Verizon only builds these towers as a measure of last resort. Staff can confirm that for you. Most Verizon towers in Fayetteville are co - location. We only do this as a matter of last resort. Commissioner Anthes asked how many companies can co -locate on a typical 150' pole. Williams stated that in his experience, he believed you can get up to five carries that can be located on a monopole, though you won't see any with five antennas here. There is evidently a 10' separation between antennas. With a flagpole design, having that many carriers could be more difficult. You will not get as much as you would on a standard monopole. However, he would let the applicant speak more to that. Cunnyngham confirmed Williams' comments, and stated because there is less space to install the antenna and the cabling, the design of this flagpole could accommodate up to two or three additional carriers. This particular tower he is certain can accommodate two more additional carriers, possible three more additional carriers with this design. No additional public comment was received. Motion: Commissioner Myres made a motion to approve the request with the conditions stated, finding in favor of the white painted flagpole design without a flag and all antenna internal to the pole. Commissioner Lack seconded the motion. The motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 10 of 17 CUP 07-2701: (SPORTS PARK OF ARKANSAS, 440): Submitted by JOHN PAUL WARREN AND STEVE WILLIAMS for property located at 3485 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 76.00 acres. The request is to allow a campground for the Bikes, Blues and Barbeque event on the subject property. Jesse Fulcher, Current Planner, gave the staff report, describing the Bikes, Blues and Barbeque event in October, and the request for the October 02-08 use of the property as a campground. This particular request allows for RVs car/tent camping, etc. Showers, restrooms, and trash pick-up will be provided every day to campers. The existing restaurant on the property will be open for breakfast, lunch and dinner. A lease agreement has been submitted, in accordance with similar conditions as previously permitted with another campground. Noise, buffers from adjacent properties and other findings required for this conditional use were discussed. Staff finds in favor of the request given the stated restrictions and recommends approval with 12 conditions. Steve Williams, applicant, stated that the park contains 76 acres of property and it would be an asset to Bikes, Blues, and Barbeque. It has been cleaned up immensely in the recent past. No public comment was received. Commissioner Cabe asked why there are only 100 campsites. JP Warren, applicant, stated it was the first year trying the campground out and they didn't want to be overwhelmed. There was a teaming curve with this type of facility for them. Commissioner Lack stated that he can see the applicant has worked with staff. The lease is quite stringent, much like another property that has had success as a temporary campground during the same event. Conditions prevent nuisances such as noise and nudity. Motion: Commissioner Lack made a motion to approve the request, with conditions as recommended. Commissioner Cabe seconded the motion. Commissioner Anthes asked if the permit would be automatically renewed. Jeremy Pate, Director of Current Planning, stated that if no complaints were received, staff can renew the same request next year, much like American Legion, which is in its 3`d year with no complaints, probably because of the conditions they have placed and the applicants have agreed to. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 11 of 17 CUP 07-2703: (THE CHURCH AT ARKANSAS, 270): Submitted by JONATHAN BEASLEY for property located at 1905 E. MISSION BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 4.26 acres. The request is for a church, Use Unit 4, in the C-1 Zoning District. Jesse Fulcher, Current Planner, gave the staff report, describing the existing commercial property which formerly contained Dillon's Grocery Store. The applicant is proposing to utilize a portion of the shopping center for a church. Fulcher stated there was sufficient parking on-site for the use, as indicated in a chart that was passed out this evening. There are currently 114 spaces on the property. He stated the hours of operation, which were also included in the conditions of approval. Peak hours of the church don't coincide with the daycare, dry cleaners, etc. It is zoned C-1, and previously used as a grocery store, among other uses. In C-1, there could be a variety of uses in this space with no such restrictions as recommended with this conditional use. In accordance with the findings associated with the conditional use permit, staff recommended approval of the request with 10 conditions, finding that it will be an appropriate use on this site. Condition #2 states a maximum occupancy of 200 persons; this report was drafted before staff had final occupancy numbers. Staff would now support a maximum occupancy of 300 persons, and would like to request that amendment to condition #2. The applicants have spoken with the Fire Marshall, and will work to meet any applicable codes. Condition #10 regards signage. Commissioner Anthes asked about condition #3, asking staff if the Tuesday hours of operation that appear on page 1 should be added. Fulcher stated the Tuesday hours are covered later in the same condition, with a 9am to 5pm requirement. Jonathan Beasley, applicant, stated he is the pastor at the Church at Arkansas. He is looking to target students at the University, and bring them from Maple to Mission. The average age of the church is 28. It is also close to Eureka Pizza, which seems like a natural draw. Commissioner Myres stated she was in favor of condition #1, and amending condition #2 to a maximum occupancy of 300 persons, along with all other conditions. Motion: Commissioner Myres made a motion to approve the request, with all conditions, amending the maximum occupancy to 300 persons. Commissioner Trumbo seconded the motion. The motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 12 of 17 CUP 07-2702: (SISEMORE, 561): Submitted by JOHN & LORI SISEMORE for property located at 1330 S. DUNCAN AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.33 acres. The request is for a child care center for 35 children. Dara Sanders, Current Planner, gave the staff report, including a property description. The site was previously utilized as a Head Start facility, licensed for 36 children by the State. The property contains a commercial structure and an existing home; the commercial structure is the structure that is to be utilized for this request. Staff recommends approval of the request with 7 conditions; no more than 35 children may be permitted; the parking lot is be improved to meet code requirements; and a 7AM to 6PM hours of operation will be enforced, among other conditions. Lori Sisemore, applicant, stated the site has been a daycare since 1969, and has not been a detriment to the community. She asked about parking improvements, and what would be required. Sanders referred to condition #3, which stated the parking must be brought up to city codes. Sisemore discussed parking and asked if they could delay that until after the use was established. Jeremy Pate, Director of Current Planning, stated that staff will have to determine the exact number of spaces required, but there was an opportunity to split the parking areas into two different areas in order to decrease the amount of paving required. However, all improvements would have to be completed prior to issuance of a Certificate of Zoning Compliance. Sisemore stated she would work with staff to discuss these details. Commissioner Lack asked why the one-year limitation on the conditional use was being recommended, and if this was a requirement. Pate discussed staff's rationale for recommending this condition, and that on this issue, it was ultimately up to the Planning Commission. Staff favored a one-year conditional period, to ensure the use was going to work in this predominantly single family neighborhood. Commissioner Lack stated he would be in favor of removing condition #7, for the site has a track record of this use as an established use in the neighborhood. Commissioner Ostner asked staff if there were other ways to enforce the conditional use. Pate stated yes, an applicant can be brought back before the Planning Commission if any of the specific conditions were not being followed, and the conditional use could be revoked. However, if the applicant is following all technical requirements, staff can't bring back the use even if it is clearly not a use that is working within the surrounding neighborhood. Staff can only do that if the applicant is breaking conditions. Some conditional use permits have been found to bring more impact to a neighborhood in different ways than originally anticipated, which is why some conditional use permits have this as a specific condition of approval. Planning Commission September 10, 2007 Page 13 of 17 Commissioner Ostner stated he understood staff's concerns, because the Planning Commission had seen a conditional use permit that was approved long ago and seemed to be meeting all the original conditions, but did not necessarily fit into the neighborhood now, and nothing could be done about it. However, he stated he felt this was an established use and would work well here. He was in favor of removing condition number seven. No public comment was received. Motion: Commissioner Ostner made a motion to amend the request by striking condition #7. Commissioner Lack seconded the motion. The motion passed with a vote of 8-0-0. Commissioner Ostner stated he would like to voice support for a gravel parking lot. It has been functioning that way for a long time. He asked staff if this could be allowed at this level. Pate stated there is a Unified Development Code requirement, and it cannot be varied by the Planning Commission with this application. However, if the parking area stays below five spaces, it won't have to meet that parking lot standard, and would instead meet the four or less standard. Motion: Commissioner Ostner made a motion to approve the request with the amended conditions. Commissioner Lack seconded the motion. The motion passed with a vote of 8-0-0. Planning Commission September 10, 2007 Page 14 of 17 CUP 07-2704: (SCARPINO'S, 484): Submitted by RICHARD AND GINA BERQUIST for property located at 329 N. WEST AVENUE. The property is zoned MSC, MAIN STREET CENTRAL and contains approximately 0.63 acres. The request is for outdoor music. Dara Sanders, Current Planner, gave the staff report, including conditions. She described the surrounding property uses, all of which are commercial, and the requested outdoor music area, which would consist of a maximum of two speakers in the patio area, facing south/southeast, away from the residential areas on Lafayette Street. Finding this use to be encouraged on West Street in this area by the outdoor music establishment ordinance, and that the conditions proposed would make it an appropriate use, staff recommended approval, with conditions as listed in the staff report. Ellie Mayenari, applicant, stated that Scarpino's is primarily an event venue, and she wished to accommodate guests that go outside of the patio from time to time. Commissioner Anthes asked about the location of the speakers and the reference of the condition of approval that they were to be located facing south to southeast. The speaker location indicated on the drawings and the condition of approval do not seem to match. Are the plans to be changed? Sanders discussed the location of the speakers as being located on the fence and along the south wall of the building. The Commission, applicant and Sanders all discussed the location of the speakers in reference to direction they would be faced. Jeremy Pate, Director of Current Planning, read from the recommended condition of approval, that the speakers shall face south to southeast, which means they need to be relocated on the drawing. Commissioner Myres asked how high the fence is. Mayenari stated it was a maximum of 5-6'. Myres stated the speakers, then would be no higher than the fence. Motion: Commissioner Myres made a motion to approve the request, with all conditions of approval. Commissioner Cabe seconded the motion. Commissioner Myres stated that she made her motion to approve with the understanding that the speaker be relocated from the east to the southeast. Upon roll call the motion passed with a vote of 8-0-0. (Commissioner Winston left the meeting) Planning Commission September 10, 2007 Page 15 of 17 CUP 07-2721: (FELLOWSHIP OF THE HILLS, 363): Submitted by FELLOWSHIP OF THE HILLS CHURCH for property located at 2783 MT. COMFORT ROAD. The property is zoned P-1, INSTITUTIONAL and contains approximately 2.19 acres. The request is for temporary replacement of a burned structure with a mobile 'office' trailer for classrooms and meeting rooms. Andrew Garner, Senior Planner, gave the staff report. An existing house on the property was previously used for offices and classrooms, but was recently destroyed by fire. The church leases the property and the owner has no plans to re -build the house. The church leases on a short-term arrangement, and it is not feasible for them to construct a permanent structure at this time to replace the classrooms. In accordance with the findings made within the staff report, staff recommended approval of the request to allow a temporary commercial structure be utilized for a maximum of two years, or whenever a permanent structure was constructed, whichever occurred first. Garner described the recommended conditions of approval. Scott Williams, applicant, stated the church became tenants on this property in March. One of the buildings was destroyed by fire, and will not be replaced. They are left with a lease to fulfill, but without adequate room for their classrooms and offices. No public comment was received. Motion: Commissioner Trumbo made a motion to approve the request with the conditions described. Commissioner Ostner seconded the motion. Commissioner Anthes asked about condition #1, if the permanent structure option should be deleted. Scott Williams (applicant) stated they are in some discussions to purchase the property, and would like to leave that option in, in case they are able to construct a permanent structure in that time. There are 18 months left on the lease, and this would allow two years, so there could be some in- between time there to make that work. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 10, 2007 Page 16 of 17 RZN 07-2691: (JB HAYS, 610): Submitted by LEE & LINDA L. WARD for property located at 5393 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.80 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Andrew Garner, Senior Planner, gave the staff report. This area is designated as a Residential Neighborhood Area on the Future Land Use Plan, which is primarily residential, but does encourage some support services and low -intensity uses at corner locations. Staff finds there is a lack of supporting non-residential services in this predominantly residential area. The property is located at the corner of a Principal Arterial and Collector streets. Staff would evaluate access at the time of development or redevelopment and potentially require removing curb cuts to Huntsville Road, to promote a safe means of ingress and egress. This is especially important on a Principal Arterial. Commissioner Anthes asked for the applicant presentation. No applicant appeared to be present. Kit Williams, City Attorney, stated that Mr. Osborne usually represents JB Hays, and the reason he may not be here is that he was admitted to the hospital earlier that day. Jeremy Pate, Director of Current Planning, stated that Mr. Lee Ward is actually the representative for the applicant, appears not to be here. The Planning Commission can either hear the item or table it, it is at their discretion. Sherry England, citizen, stated she owns adjacent property on Ed Edwards Road, directly south of the property. Baldwin Beauty beauty parlor is three buildings east and another beauty shop is within a half mile. She stated she is not against the commercial zoning, but would like to see something besides a beauty parlor in this area. If zoned commercial, can the property be used as residential? Pate described allowed zoning uses in C-1 zoning. Residential uses are only permitted if attached, such as an office with an apartment above, for instance. England asked what about uses they wouldn't want. Pate stated that only those uses that were read from the C-1 zoning were allowed. Other uses would require a special hearing, and adjoining property owners would be notified of that. Lee Ward, applicant, arrived, and stated he would answer questions. Commissioner Myres stated it was an appropriate zoning for the area to service residents. She stated she also hopes to see more than just a beauty shop. Motion: Commissioner Myres made a motion to forward the rezoning request to City Council with a recommendation of approval. Commissioner Trumbo seconded the motion. Planning Commission September 10, 2007 Page 17 of 17 Commissioner Anthes explained, for Mr. Ward's benefit, the citizen's concerns about having another beauty shop in this location and recounted staff's comments, including that a re -use of this property would be evaluated for access and may result in the removal of curb cuts onto Huntsville Road, to provide a more safe means of access, if zoned to the more high intense use of C-1 commercial. Upon roll call the motion passed with a vote of 7-0-0. ANNOUNCEMENTS: The Walker Park Master Plan meetings will begin next week, so please mark your calendars. Subdivision Committee is scheduled for Thursday morning, and packets were handed out last week. All business being concluded, the meeting adjourned at 6.45 PM.