Planning Commission

March 25, 2013 The Russellville Planning Commission will hold its Regular Meeting on Monday, March 25, 2013, 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 February 25, 2013 Regular Meeting. 2. A request to review and approve the Preliminary Plat/Final Plat of PBGH Hwy 7 Subdivision, located at 2906, 2908, and 3018 North Arkansas, submitted by Paxton Singleton of Global Surveying Consultants, Inc. (SD.13.03.259)  Russellville Planning Commission Minutes March 25, 2013 @ 5:30 p.m. The Russellville Planning Commission met in its regular meeting on Monday, March 25, 2013, at 5:30 p.m. in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Secretary Aldona Standridge Jimmy Sims Jimmy Davenport Richard Perkins Gaylon Smith Herschell Hargus Richard Harris, Council Liaison Members Absent Vice-Chair Nick Patel Eric Westcott Also present: City Planner David Harris, City Attorney Trey Smith, Jim Lynch/City Corp, Planning Assistant Lequitta A. Jones, Larry Brown, Jim Murphy, Paxton Singleton, Whitney Snipes, and Daniel Bartlett. WELCOME The First Order of Business was a request to review and approve the minutes of the February 25, 2013, 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 was a request to review and approve the Preliminary Plat/Final Plat of PBGH Hwy 7 Subdivision, located at 2906, 2908, and 3018 North Arkansas, submitted by Paxton Singleton of Global Surveying Consultants, Inc. (SD.13.03.259). City Planner Harris said this is a straightforward recombination of lots from Ray Lee, Jr. Subdivision and Berry Subdivision. This could have been done administratively except there is a sewer easement that has to be relocated. The Land Subdivision and Development Code requires that for those cases the plat must be reviewed by the Planning Commission and City Council. Public Works has seen this plat and raised no issues. He noted that Mr. Murphy and Mr. Brown were present to represent Mr. Brown’s interests. Mr. Brown lives next door to the east of the subject property, and Mr. Murphy is a friend appearing on Mr. Brown's behalf. Mr. Brown and Mr. Murphy spoke before the Board of Adjustment about their concerns with this proposal. The only request before the commission is approval of the plat. Mr. Brown's concerns fall outside that issue. I will leave it to the commission as to whether they wish to allow Mr. Brown an opportunity to speak. Chairman Boyd asked if the applicant wanted to make any additional comments or clarifications. Commissioner Perkins said he would like to hear the neighbor's concerns. Mr. Paxton Singleton, with Global Surveying Consultants, Inc., representing the developer PBGH Holdings said this project is located on the east side of Hwy 7 between Fir and Elm Streets. There is a sewer line running through the middle of the property, in the location where the proposed building is to be built. At our expense we are going to relocate this sewer line in a new easement and abandon the old sewer easement. At this point the new title work has not uncovered any easement for the existing line. It is possible that with an easement this old, it might be prescriptive. However, we are still going to go forward with abandoning any easement with language on the plat that is approved by Mr. Lynch from City Corporation. Currently, the plat note reads “to be abandoned,” but we are going to get with our attorney and figure out good language to put on there that meets Mr. Lynch's approval. Again, this could be done administratively, but we decided to bring it forward to you because of the abandonment. Mr. Singleton said he would be glad to try to answer any questions the commission had. Chairman Boyd asked City Planner Harris to recount the concerns discussed at the Board of Adjustment (BOA) meeting. Mr. Harris explained that Mr. Brown lives in a house that fronts on Fir Street, immediately to the east of Lot 1, which is where the 10,000-square foot Dollar General (DG) will be located. The site plan DG submitted complies with the zoning code at this point, and they are showing a 16-foot setback from the property line on the east, which would be the rear of the store, and the side of Mr. Brown's yard. If Mr. Brown's property were zoned residential, DG would have to increase the setback nine (9) feet. However, because Mr. Brown’s property is zoned C- 2 (Highway Commercial), the proposed setback meets Code requirements even though Mr. Brown's property is in use as a residence. At the BOA meeting, Mr. Brown stated his concern that the four outside cooling units on the back of the DG store will be very close to the deck in his side yard. He is concerned that cooling unit noise will lessen their ability to use their deck. Again, we don’t really have an avenue for relief for Mr. Brown since the commissioners are just considering plat approval. The DG proposal does, to the best of my reading, comply with the zoning code. The involved parties spoke after the adjournment of the BOA meeting, but I don’t know if they have made any progress. City Planner Harris said he was concerned about the appropriateness of volunteering DG to even discuss the issues with Mr. Brown when their proposal appears to be in compliance with the zoning code. Anything beyond that is going to be their desire for goodwill with the neighbors. We actually don’t have any way to compel DG to alter plans that are already Code-compliant. City Planner Harris said Mr. Brown and Mr. Murphy were also concerned about drainage, but we should be confident enough in our public works staff that when they review this they are not going to do approve anything 2 that is going to make drainage worse. Typically, we expect drainage to improve after a project like this is completed. There is some drainage that comes down the hill from the east, turns north to go between these properties, and then goes under Fir Street and AR7 toward the lake. DG will not be allowed to do anything that will put more water onto Mr. Brown’s property. City Planner Harris said he was certain that public works would require a Simplified Drainage Plan to be sure that the existing drainage problems were not worsened. Mr. Jim Murphy, representing Mr. Larry Brown, stated two issues of concern. One is drainage. There is a drainage problem starting three houses up on Elm Street where water comes out of a culvert, then drains between houses on Fir Street and Elm Street. Just past Mr. Brown’s house it goes into a drainage ditch on DG property, and then goes north under Fir Street and the car wash. If the back of the DG property is built up, then water coming down the hill will flow right behind Mr. Brown's house. Now, water flows in the ditch constantly, though the amount varies. When it rains the ditch is continually flowing and it creates a mosquito problem. Again, Mr. Murphy said he was just addressing this so the commissioners could understand that there is a problem in the area. The second issue is the proximity of the proposed cooling units to Mr. Brown's existing deck. Mr. Murphy said he had measured and estimated that the proposed four (4) cooling units will be approximately 12 feet from Larry’s deck; six feet on his side of the property line, and six feet on their side. That close proximity will create a noise problem. We understand Mr. Brown's property is zoned C-2, but he was not aware of that when he bought the property. We would like to know if there is a possibility of moving the units or installing a privacy fence or something back there so that Mr. Brown will be able to use his deck during the best part of the year. Mr. Brown is disabled and we put the deck on there when he first moved back here so he would have access to that side of his property. Before then all there was were steps and no way for him to go up and down to use that section of the house. We are asking that you consider those two issues. The previous owner had to build a concrete retaining wall to keep the water from running into the house. Commissioner Perkins said DG cannot legally do anything that worsens the drainage situation. The City will have to take care of it. You cannot redirect drainage across someone else’s property. That is an issue the City should take up. Mr. Perkins asked if DG would be willing to erect a privacy fence along the rear of their property. Mr. Singleton said they were just discussing that with Mr. Brown prior to the start of the meeting. He said the architect was here and he could speak more to that. Commissioner Perkins said it’s none of our business, but it is interesting. Mr. Dan Bartlett, Architect for PBGH Holdings and DG, said he could not make a final decision to move those units tonight. Mr. Bartlett said it might be a good resolution to the noise issue if the units can be relocated to the north end of the building facing Fir Street. If that is possible, it would help resolve a potential drainage issue along the rear of the building, making it easier to make sure no water is pushed onto the neighbor. The sound issue had not been anticipated because the zoning is C-2, but even in a C-2 3 zoned area DG requires erection of a 6-foot fence when the DG property adjoins a residential use. Mr. Bartlett asked City Planner Harris if he sees any problem with putting the cooling units on the Fir Street side. City Planner Harris said he would recommend that if DG would agree to screen them so they were not in plain view from the street. City Planner Harris said there is no way that the City can compel any of this, but DG could install an 8-foot fence along Mr. Brown's property line since both properties are zoned C-2. This would create a little more barrier between the uses. Mr. Bartlett said any time outside units are placed where the public can see them from the street easily, DG requires installation of a screen. City Council Liaison Richard Harris spoke from a City Council member perspective. He said he understood the Planning Commission cannot require any of these actions, and he appreciated DG for working with the resident to come to a resolution. If this request gets through the Planning Commission I would like to know when it comes to the council that these issues are resolved. It will make a difference on my vote on the plat approval. City Planner Harris replied to Liaison Richard Harris that the plat would not go before the council. Liaison Richard Harris said he thought he had been told earlier it would. City Planner Harris said the plat will be submitted to the council for acceptance of dedications, but it was not general practice to hinge the subdivision approval on whether other issues had been resolved if the proposed use met Code requirements. Liaison Richard Harris said it sounds like DG and the neighbor are trying to work it out. I would like to see that when you come to the council; that the issues have been resolved. Commissioner Perkins said one more thing that he wanted to make sure of was that the City Engineer reviews the drainage and ensures that it is not changing it to the detriment of the adjacent property owners. I definitely think that is a part of our usual requirements. City Planner Harris said he agreed. Commissioner Sims asked if the proposed DG building would be 16 feet from the property line. City Planner Harris said that was correct. Commissioner Sims asked if Mr. Brown's house was right against the property line. City Planner Harris said the deck is within six feet of the line according to Mr. Brown's measurements. Commissioner Perkins made the motion to approve subject to the review of the drainage plan by the city engineer. The motion was seconded by Commissioner Hargus and passed unanimously. Chairman Boyd asked if there was any other business that needed to be brought before the Planning Commission during this meeting. With none identified, the meeting adjourned. ________________________________________ Chairman Dennis Boyd 4