Planning Commission

Russellville Planning Commission Minutes July 24, 2017 @ 5:30 p.m. The Russellville Planning Commission held its regular meeting on Monday, June 26, 2017 at 5:30 p.m. in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Nathan Barber Vice-Chair Peggy Stratton Karen Yarbrough Secretary Wendell Miller Shirley Hatley John Whiteside Steve Hubbard Council Liaison Eric Westcott Members Absent Frank Russenberger Also present: Mayor Randy Horton, City Attorney Trey Smith, Fire Marshall Setian, Building Official Holstein, Jim Lynch/City Corp, Zayne Bryson/City Corp, Aaron Skelton, Jose’ Quezaba, Robert Prochazka/Pro Motor, and James Zinell. Welcome Chairman Boyd welcomed Steve Hubbard to the Planning Commission. The First Order of Business was a request to review and approve the June 26, 2017 minutes. Commissioner Miller made the motion to approve the minutes as written. The motion was seconded by Commissioner Hatley and passed unanimously. The Second Order of Business was a public hearing requesting review and a recommendation of approval for a special use permit to operate a pre-owned vehicle sales located at 2821 East Main Street (K-Mart Parking Lot southwest corner) in a C-2 (Highway Commercial). Submitted by Bryan Tyler on behalf of Tyler Auto LLC. (SP.17.07.154) Engineer Jones said Bryan Tyler of Tyler Auto LLC was requesting to operate a pre-owned vehicle sales business on the K-Mart parking lot. The location would be used on a temporary basis. The staff report recommended approval with the conditions that the wholesale maximum that sales would be allowed would be four times per year (approximately once per quarter), maximum of 15 days per event and the applicant must meet all other state requirements. The chairman asked the applicant if he had any additional comments or clarification that he would like to make to Engineer Jones’ staff report. Mr. Tyler said that Mr. Jones had covered everything. Mr. Tyler went on to say that he had no problem with the conditions outlined by Mr. Jones. The chairman opened the floor for public comment. James Zinell said he objected to an out-of-town car lot to come in and operate when the locals have to pay property taxes and use local utilities. Robert Prochazka said he objects to this application. He’s local and doesn't want out-of-town people coming in and doing locals wrong. Aaron Skelton said he owns a car lot and objects based on an out-of-town vendor taking business away from local operators who are required to comply with local vending and building codes. Jose’ Quezaba stated that he also objects to the car lot. Mr. Prochazka said he was asking for a level playing field. Local operators must comply with building codes and other city requirements. An out-of-town operator can come into town and gain a competitive advantage by spending only $50 for a Special Use Permit fee. He thought the special permit fee should be much higher. He said he was also opposed to the practice of a private landowner being allowed to sell privately owned pre-owned cars on their property. He cited the property across from the muffler shop on E. Main St. as an example. The chairman noted that Mr. Prochazka was delving into areas that were beyond the responsibility and authority of the Planning Commission. The chairman pointed out that the commission was required to review Special Use Permits according to the criteria contained in the zoning code. The chairman asked City Attorney Smith if he would provide clarification on the purview of the Planning Commission in reference to special use permits. Mr. Smith replied that the Planning Commission could not turn down the Special Use Permit based on economic competition reasons but that the commission had discretion with issuing a Special Use Permit on other factors such as whether the area had enough car sales businesses, impact of traffic conditions, or general appearance of the area with the addition of this business locating there. Commissioner Stratton asked Mr. Tyler about his insurance and his permits. Mr. Tyler assured the commission that he had special policies that covered every event he had in Russellville and that he had all the permits required by state and local laws. Commissioner Miller asked Mr. Smith if the commissioners were permitted to weigh in with their personal opinions on a Special Use Permit application. In addition to all of the criteria being met, he asked if the commissioners were required to vote strictly on the criteria. Mr. Smith replied, "Your opinions are welcome." Commissioner Hubbard asked Mr. Tyler if he had insurance. Mr. Tyler replied that K-mart carried a 2 million dollar policy that should cover them. Commissioner Barber asked Attorney Smith if it would be within the commission’s purview to establish a length of time that the use permit would be valid, citing 1 to 2 years as an example, rather than issuing the permit as never ending. Mr. Smith responded that would probably be within the commission’s authority. 2 Commissioner Miller said that he agreed with the local merchants who had spoken and their argument that our dollars are being spent here in Russellville. He pointed out that any bad sales or service issues would reflect not on just this applicant, but would reflect on the entire pre- owned auto sales market making the local dealers look bad long after this applicant had moved on. Chairman Boyd called for a vote and the request failed due to lack of a motion. Meeting adjourned. ___________________________________________ Chairman Dennis Boyd 3