Planning Commission

January 27, 2014 The Russellville Planning Commission will hold its Regular Meeting on Monday, January 27, 2014 at 5:30 p.m., in the City Hall Council Chambers. PLANNING COMMISSION AGENDA REVISED Welcome Visitors 1. A request to review and approve the minutes of the December 16, 2013 Regular Meeting. 2. A request to review and approve the Preliminary/Final Plat Betsy Snyder Subdivision located at 2303 SR 124 in Pope County, but land falls in the Russellville Planning Jurisdiction, submitted by Noel S. & Mary E. Snyder. (SD.14.01.270) 3. A Public Hearing requesting to review and a recommendation of approval to the City Council for a Special Use Permit to allow an auto repair shop for property located at 3110 Bernice Avenue, submitted by Marion Allen. (SP.14.01.117) 4. Request to Pull: A Public Hearing requesting to review and a recommendation of approval to the City Council for a Special Use Permit to allow a portable unit for sale and use located at 1101 East Parkway, submitted by Nathan Saul. (SP.14.01.118) 5. Late Item: Elect 2014 Planning Commissioner Officers. 1  Russellville Planning Commission Minutes January 27, 2014, @ 5:30 p.m. The Russellville Planning Commission held its regular meeting on Monday, January 27, 2014, at 5:30 p.m. in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Vice-Chair Nick Patel Secretary Aldona Standridge Jimmy Davenport Herschell Hargus Eric Westcott Jimmy Sims Mike Wilkins Members Absent Council Liaison Richard Harris Also present: City Planner David Harris, City Attorney Trey Smith, Planning Assistant Lequitta A. Jones, Fire Marshall Richard Setian, Jim Lynch/City Corp, Noel & Betsy Snyder, Allie Harrison/ATU American History Class, Regina Beckles/ATU American History Class, and Autumn Pitts/ATU. Prior to beginning the printed agenda, Chairman Boyd recognized Commissioner Hargus, who had requested an opportunity to read a prepared statement in regard to his intent to resign. Commissioner Hargus read a written statement (attached) giving notice of his resignation. Following Commissioner Hargus’ prepared remarks, Chairman Boyd read a letter of resignation submitted by Commissioner Richard Perkins (also attached). Commissioner Patel then gave verbal notice of his resignation and said a letter would follow. Chairman Boyd said while he was not expecting to discuss Overland Park tonight, he had a few remarks he would like to make. He said he continued to believe that the Planning Commission made the right decision in regard to the Overland Park Subdivision, but he also reminded the commissioners that the City Council certainly has the right and authority to reverse any Planning Commission decision with which they disagree. I have confidence in our Mayor. I have confidence in our City Council. I listened to the proceedings and I believe the Council deliberated and made every effort to arrive at the right decision. I respect the process and their statutory authority. They are elected by the citizens and they are paid by the citizens and they are accountable to the citizens. I would echo Commissioner Hargus in that I think Mayor Eaton made a courageous and principled decision to veto the council’s decision, knowing in advance that the council would likely override his veto. I believe connecting Overland Park to Camelot and Brookside is consistent with the requirements of our Land Subdivision & Development Code. It is also consistent with the guidance offered by the 2020 Comprehensive Development Plan. It is my belief that the Planning Commission is expected to comply with these documents, including their spirit and intent, to the extent practical unless there is a compelling reason to deviate from them. I know the council’s decision is discouraging to each and every one of us because we believe we made the correct decision, but I think we should respect the decision that the City Council made. Commissioner Wilkins last month said it very well: “The streets are the property of all the citizens in this City, not just of the neighborhood in which they are located.” In the future, unless we are directed otherwise by the Mayor and City Council, I believe the Planning Commission should continue that mindset as we review future Preliminary Plats. I want to encourage Planning Commissioners to keep on keeping on. I’m saddened to see these resignations. I think each of the departing members added value to the Planning Commission and to the process. The chairman asked if any of the commissioners wanted to provide any additional comments. In reply, Commissioner Wilkins said when he saw the City Council had decided to override the decision of this Commission it disturbed him considerably. I spoke to the Mayor and some Council Members. One of the things that discourages me about it is my belief that it was not based on a desire to override the Planning Commission, but was perhaps instead intended to send a message to one or more department heads in this City. One of the things that discouraged me about Overland Park was when our Public Works Director was strongly advocating for connectivity. At first I was not going to support the connectivity because I had a problem with the Public Works Director building the adjacent retention pond without bringing it before this Planning Commission, which should have been done. Approval by the Arkansas Department of Environmental Quality was also likely required. I thought it was a double standard to require a private developer to provide complete connectivity between the new subdivision and existing developments. After I had a while to think about it and think about what was good for the people in the new subdivision, as well as those around it, I voted for full connectivity because I did feel it was very selfish on the part of the people in neighboring subdivisions to feel that they should demand that a new subdivision with new homes not enjoy the same connectivity that they enjoy in their subdivisions. It seems like lately what is brought before this Planning Commission, as well as issues that are brought before the City Council, are sometimes pushed forward under the attitude of the end results justifies whatever means it takes to get there. An example is the review process for the Walmart Neighborhood Market on West Main Street. You had a group of people that didn’t want to see it built no matter what. My father had a saying, “a lot of time it doesn’t matter what the facts are, some people already have their minds made up.” Things that come before the Planning Commission and City Council are pushed by people that have a goal of stopping whatever is being proposed. I hope that we - Planning Commission and Council - will listen to reason, and to facts. People must realize that their neighbors should have the right to enjoy the same benefits of being in this City that they themselves enjoy. That includes drainage, connectivity of streets, and access to emergency services. One thing that bothers me about Overland Park is the lack of connectivity in case of an emergency. Commissioner Wilkins said he hated to see the Planning Commission members resign, but you have to do what you think is right. The chairman asked if other commissioners had any comments. He also asked members of the public if they had any comments. Hearing none, he proceeded to the printed agenda. 2  WELCOME The First Order of Business was a request to review and approve the minutes of the December 16, 2013, regular meeting. Commissioner Standridge made the motion to approve the minutes as written. The motion was seconded by Commissioner Davenport and passed unanimously. The Second Order of Business was a request to review and approve the Preliminary/Final Plat for Betsy Snyder Subdivision, located at 2303 SR 124 in Pope County, within the Russellville Planning Jurisdiction, submitted by Noel S. & Mary E. Snyder. (SD.14.01.270) City Planner Harris said this is a request for Preliminary/Final Plat approval of a Residential Subdivision. The property is just west of the new Dollar General located on the north side of AR Highway 124. Mr. Harris said the parcel is about 340 feet wide and 1500 feet deep. Very deep lots like this one, with little frontage on a public street, are sometimes difficult to utilize fully. Current circumstances of the property are the result of earlier subdivisions done without any review or according to any regulations; a not uncommon situation as you move further away from the City. The proposed subdivision will split an eight acre parcel into two lots, one of about one acre, and one of about seven acres. The current parcel does not have frontage on AR 124, but utilizes an access easement. The two new lots, if approved, would have the same arrangement. The owner would like to retain one acre, which is shown on the provided survey with a 20 x 21 building and 30 x 40 shop, and a single-family house. The Snyders would like to purchase 6.62 acres on the north end of the parcel. Mr. Harris said there are three conditions that he wants to include with the approval, if it is granted. They are: 1) that the applicants number both lots at recordation, 2) formalize the 20’ road easement that gives AR 124 access to lots without frontage, and 3) City Engineer Oakes asks that the applicants grant a 60’ reservation running north and south along the western edge of the property for possible future Weir Road extension. This reservation will not prohibit use of the property, except that the applicants agree that no permanent structures will be erected or otherwise placed within this reservation. As you move north on this parcel beyond the transmission lines there is a pronounced steep grade as you get nearer to Sparksford Road. You could make a fairly strong case that the likelihood of a street going up through here is remote. The chairman asked the applicant if they were agreeable to these three conditions. Mrs. Mary E. Snyder said she agrees to the conditions. Commissioner Hargus made the motion to approve the request subject to the three conditions as written in the Staff Report. The motion was seconded by Commissioners Wilkins and passed unanimously. The Third Order of Business was a Public Hearing requesting to review and recommend approval to the City Council for a Special Use Permit to allow an auto repair shop for property located at 3110 Bernice Avenue, submitted by Marion Allen. (SP.14.01.117) 3 City Planner Harris said this is an existing building in the curve where Jimmy Lile intersects with AR-7T. The property is surrounded by C-2 (Highway Commercial), with mostly commercial/light industrial uses. The existing building has a paved parking lot. Mr. Harris said there is no issue with this request. Commissioner Patel made the motion to approve the Special Use Permit as submitted. The motion was seconded by Commissioner Hargus and passed unanimously. The Fourth Order of Business was a request to pull: A Public Hearing requesting to review and a recommendation of approval to the City Council for a Special Use Permit to allow a portable unit for sale and use located at 1101 East Parkway, submitted by Nathan Saul. (SP.14.01.118) City Planner Harris said this item needs to be pulled because the petitioners did not meet the notification process. The Fifth Order of Business was a request Late Item: Elect 2014 Planning Commissioner Officers. Commissioner Standridge made the motion that Chairman Boyd remain as Chairman. The motion was seconded by Commissioner Patel and passed unanimously. Chairman Boyd made the motion to nominate Commissioner Westcott to serve as Vice- Chairman. The motion was seconded by Commissioner Wilkins and passed unanimously. Commissioner Wilkins made the motion to that Secretary Standridge remain as Secretary. The motion was seconded by Commissioner Sims and passed unanimously. The commission welcomed the American History Class from ATU. Meeting Adjourned. ________________________________________ Chairman Dennis Boyd 4