Planning Commission

Planning Department June 25, 2012 The Russellville Planning Commission will hold its Regular Meeting June 25, 2012, at 5:30 p.m., in the Council Chambers of City Hall. PLANNING COMMISSION AGENDA Welcome Visitors 1. A request to review and approve the minutes of the April 23, 2012 regular meeting. 2. A request to review and recommend approval to the City Council for a Special Use Permit to allow sales, parts and servicing of trucks/heavy equipment, farm equipment, operation of a wrecker facility, parking of wreckers on site, and storage of towed vehicles in a C-2 zone, for property located at 2911 Hwy 7 South, submitted by Keith Cogswell, on behalf of Cogswell Properties, LLC. (SP.12.06.112) 3. A request to review and approve the Riverstone Subdivision Final Plat, a large tract subdivision located along Sheppard Drive and Skyline just south of the Bent Tree Subdivision, submitted by Dave Garza of Barrett & Associates, on behalf of Alan Covington. (SD.12.06.252) 4. A request to review and recommend approval for a petition to close a portion of the platted right-of-way of South Glenwood Avenue located adjacent to Lot 3 and Lot 4 in Block 4 and Lot 6 in Block 5 of the S.M. Shinn Addition, submitted by Mayor Bill Eaton on behalf of the City of Russellville. (ST.12.05.70) 5. A request to review and recommend approval for a petition to close a portion of a 20-foot alley lying north of 501 East F, 503 East F, 505 East F, and lying south of 510 East G, 514 East G, 518 East G; also described as lying between Lots1, 2, 3 and 10, 11, 12, Block 95, J.L. Shinn Addition, submitted by Douglas and Ashlee Wilson. (ST.12.06.71) Note: (See Petition for other property owners joining the petition). 203 South Commerce, P.O. Box 428, Russellville, AR 72811, (479) 968-2098  Russellville Planning Commission Minutes June 25, 2012 @ 5:30 p.m. (Revised 07-12-2012) The Russellville Planning Commission met in its regular meeting on Monday, June 25, 2012 at 5:30 p.m., in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Vice-Chair Eric Westcott Secretary Aldona Standridge Gaylon Smith Jimmy Davenport Jimmy Sims Richard Perkins Nick Patel Herschel Hargus Members Absent Burke Larkin, Council Liaison Also present: City Planner David Harris, City Attorney Trey Smith, Jim Lynch/City Corp, Planning Assistant Lequitta A. Jones, Building Official Brian Holstein, Public Works Director Michael Oakes, Fire Marshall Richard Setian, Mayor Bill Eaton, Price McMillen, David Brown/River Valley Leader, Douglas & Ashlee Wilson, David Garza/Barrett & Associates, Kurt Jones, Alan Covington/Riverstone Project, Morgan Barrett/Barrett & Associates, and Preston Tolliver/The Courier. WELCOME Chairman Boyd congratulated Commissioner Jimmy Sims on his retirement from the Russellville School District. The First Order of Business: A request to review and approve the minutes of the April 23, 2012 regular meeting. Commissioner Standridge made the motion to approve the minutes as written. The motion was seconded by Commissioner Sims and passed unanimously. The Second Order of Business: A request to review and recommend approval to the City Council for a Special Use Permit to allow operation of a wrecker facility, parking of wreckers on site, and storage of towed vehicles in a C-2 zone, for property located at 2911 Hwy 7 South, submitted by Keith Cogswell, on behalf of Cogswell Properties, LLC. (SP.12.06.112) The petitioner requested to table this item until next month to allow them to contact two property owners currently out of town. Mr. Harris stated that applicants would be able to go ahead with their other operations - which include sales/service of farm equipment, trucks and heavy equipment - at the site because those activities are continuations of similar permitted activities that the previous business (Riggs Cat) had performed on this site. Only the wrecker operation is required to go through the Special Permit process. Commissioner Sims made the motion to grant this request. Commissioner Davenport seconded the motion and it passed unanimously. The Third Order of Business: A request to review and approve the Final Plat for Riverstone, a large tract subdivision located between Sheppard Drive and Skyline Drive just south of Bent Tree Subdivision, submitted by Dave Garza of Barrett & Associates, on behalf of Alan Covington. (SD.12.06.252) Chairman Boyd asked City Planner Harris to describe the item and the issues involved. The City Planner stated that Final Plat review was primarily to ensure that the submitted final plat did not alter any of the primary aspects of the approved preliminary plat, and to review any minor changes to the plat proposed by the developer. He went on to remind Commissioners that fundamental characteristics of the development that were approved as part of the preliminary plat review in July 2011 should be considered settled issues. Mr. Harris said changes from the preliminary plat include removal of several acres on the subdivision's south side following the sale of that portion to an abutting property owner. He stated further that, while this was a major change, it resulted in a reduction in the area involved and the number of lots created, and eliminated the need for a long, winding cul-de-sac that had been present on the preliminary plat. Mr. Harris said this change did not appear to create any additional complications. He stated that Riverstone Street had been realigned through the middle of the subdivision, but that his opinion was that these changes were minor. Mr. Harris stated that revisions to the intersections at either end of Riverstone Street - with Skyline Drive and Sheppard Drive - were more consequential. In particular, changes to the intersection with Skyline Drive resulted in a 78 degree intersection where the street turns west a couple hundred feet from Skyline. Code encourages 90 degree intersections, and prohibits anything less than 75 degrees, which means this intersection is very close to the minimum allowable angle. Code also gives Commission the power to require a greater radius for the street corner in such cases. Mr. Harris closed by stating that Commissioners should limit their review to the changes from the preliminary plat. Fire Marshal Setian said his concerns had been addressed regarding fire apparatus access roads, fire hydrant distribution and location, and turning radius and width. The grade in places is over 10%, but many existing streets in the City have grades this steep or steeper, and he sees no problem with the grades. Mr. Perkins disagreed with Mr. Setian stating if the grade is over 10%, per city code a variance should be required. If it is required by law then we should follow that law. Councilman Hargus raised concerns over a proposed street in the subdivision slated to be only 20 feet wide with two foot shoulders, saying he lives on a street that is 16 feet wide and has had the mirrors knocked off his truck on occasion. Responding to Commissioner questions concerning the roadway’s width, Mr. Barrett said the preliminary plat showed a typical section of roadway containing two 10-foot traffic lanes with two 2-foot shoulders. Mr. David Garza said the development has been reduced in size. Roadway alignment and lot configuration were changed after a more intensive review. The development will continue to be served by a combination of utilities. The westernmost 4 lots can connect to existing sanitary sewer. The other 9 lots will be on septic systems. The tracts are greater than 3.0 acres in size and septic system installation should be no problem. The lots will have to have perk test before a building permit is issued. Mr. Barrett stated that Lots 5 & 6 already have approved perk tests. Mr. Lynch, representing City Corp, stated that connecting the 4 lots on the western end of the plat to existing sanitary sewer would be required, not optional. Mayor Eaton stated the Preliminary Plat showed access to Skyline Drive with an intersection near the water tank. The new plat shows changes that would result in streets right against the property line on 3 sides of an existing residence. Mayor Eaton said he would like to see that addressed. Mr. Garza said they had moved the intersection to conform with the code requirement of a minimum 150' separation from Western Drive. The water tank property prevents Riverstone St from being directly across Skyline Drive from Western Drive, so the 150' separation is required. The new alignment gives them 190 feet of separation. Mr. Perkins stated that, based on a discussion with Mr. Smith, he felt the requirement to request variances in writing had not been met. He emphasized that no reasons had been given for granting any variances to street standards. The City Attorney addressed the issue. He said the developer needs to request in writing any desired variances from the standards stipulated in the Land Subdivision and Development Code. City Planner asked the Chair for permission to speak. Mr. Harris stated a typical section was included on the preliminary plat, which had been accompanied by a letter asking that the plat and typical section be approved. Applicants had not separately listed each variance needed for approval of their typical section, but that the section was on the plat, and their letter had asked that the plat and section be approved. Mr. Harris further stated that, although it might be arguable as to whether the application was presented in 'ideal' form, he felt that for the reasons he had just stated that the application met the minimum requirements. Additionally, he stated that minutes from the July 2011 meeting show that Commissioners were aware of the street width and curb issues, which were discussed at length, and that the plat was given preliminary approval. Mr. Perkins asked Mr. Harris if Mr. Smith was the City's law expert, to which Mr. Harris replied "Yes". Morgan Barrett of Barrett & Associates said 11 months have passed since approval of the Preliminary Plat and now the City is requiring the developer to request a variance. He stated the matter had been covered in detail during discussions at the Tech Review meeting, and at the actual Planning Commission meeting where the vote to approve the plat was taken. The Preliminary Plat was submitted for consideration by the Planning Commission with a cover letter that made reference to the street section and the section was illustrated on the Plat. The Plat was approved with knowledge of the typical section request. The developer had since acted on the understanding that all requirements were met on the plat as submitted and that it had been given preliminary approval. Again, City Attorney said in his opinion the developer needs to comply with the Land Subdivision and Development Code and make application for the variances required. 3a. Mr. Perkins made the motion that the developer submit in writing requests for permission to allow a 20-foot street with 2-foot shoulders and without curbs and gutters, and to include reasons in support of the requests per the Land Subdivision Code. Mr. Patel seconded the motion and it passed 7 to 1, with Perkins, Hargus, Westcott, Sims, Patel, Smith and Davenport voting for, and Standridge voting against. 3b. Commissioner Perkins made the motion to approve the final plat subject to the applicant receiving approval of the requested variances from the Land Subdivision and Development Code necessary to allow a 20-foot street with 2-foot shoulders and without curbs and gutters. The motion was seconded by Commissioner Hargus and passed unanimously. The Fourth Order of Business: A request to review and recommend approval for a petition to close a portion of the platted right-of-way of South Glenwood Avenue located adjacent to Lot 3 and Lot 4 in Block 4 and Lot 6 in Block 5 of the S.M. Shinn Addition, submitted by Mayor Bill Eaton on behalf of the City of Russellville. (ST.12.05.70) Chairman Boyd asked City Planner Harris to address the matter. Mr. Harris said the vacation was necessary to reconstruct the intersection to remove the current offset and that it appeared all issues had been addressed, including City Corp's request for a dedicated easement for their lines. Commissioner Perkins made the motion to approve the request. Commissioner Sims seconded the motion and it passed unanimously. The Fifth Order of Business: A request to review and recommend approval for a petition to close a portion of a 20-foot alley lying north of 501 East F, 503 East F, 505 East F, and lying south of 510 East G, 514 East G, 518 East G; also described as lying between Lots1, 2, 3 and 10, 11, 12, Block 95, J.L. Shinn Addition, submitted by Douglas and Ashlee Wilson. (ST.12.06.71) Note: (See Petition for other property owners joining the petition). Chairman Boyd asked Mr. Harris to address the matter. Mr. Harris said the right-of-way in question is not in use as an alley and is not maintained by the City. The alley is midway between and parallel to East F and East G, between North Erie and North Frankfort. The section that is subject of the request terminates at the concrete drainage structure at its east end. The presence of the concrete drainage way at the east end of the ROW likely reduces its possible of future utility to the City as an alley. Jim Lynch with City Corp said they have no facilities in this alley. Mr. Perkins said he is never in favor of closing any alley, but if there is an alley that needed closed, this is one. It absolutely serves no purpose. Mr. Hargus made the motion to approve the request as submitted. Mr. Patel seconded the motion and passed with Westcott, Standridge, Sims, Patel, Smith, Davenport and Hargus voting for and Perkins abstaining. Meeting Adjourned. __________________ Chairman