Planning Commission

RUSSELLVILLE PLANNING COMMISSION MINUTES October 26, 2020 @ 5:30 p.m. The Russellville Planning Commission held a virtual meeting on Monday, October 26, 2020 at 5:30 p.m. Members Present Chairman- Wendell Miller Vice-Chairman Don Jacimore Secretary Nathan Barber Justin Cothren Luke Duffield Larry Smith Shirley Hatley Cody Black Jim Lanier Council Liaison Justin Keller Also present: City Attorney Trey Smith, City Planner Sara Jondahl, City Engineer Glenn Newman, Fire Marshal Richard Setian, Planner I Victoria Marchant, Flood Manager Ben Gray, Permit Clerk Kelsey Dinkel, Public Works Director Kenneth Duvall, Jim Lynch/City Corporation, Joe Wolfe, Beth Rose Welcome Visitors The First order of business is a request to review and approve the minutes of the Planning Commission September 28, 2020 Meeting. Commissioner Black made the motion to approve the minutes as written. The motion was seconded by Commissioner Duffield and approved unanimously. The Second order of business is a vacation of a portion of Right-of-Way between blocks 16 and 25 of the Madison White Addition. Submitted by Joe Wolfe. City Planner Jondahl stated that this application is being brought to the Planning Commission to vacate the 4th Street Right-of-Way between blocks 16 and 25 of the Madison White Addition and blocks J and M of the Barger and White Addition. This is a vacant parcel of land that has not been developed and the owner is requesting to vacate the street as they currently are the ones maintaining and mowing the unopened ROW. City Planner Jondahl added Items to consider when vacating an easement are 1. Public Trust; 2. Land Use Impacts; and 3. Public Benefits. No, there are currently no properties with access from 4th street and the property is owned by three individuals. Two of the individuals have requested to retain an access easement from S Quanah Avenue to their properties in the event they would like to develop those properties. There is, however, one correction that will be made as a result of the vacation. One home addressed from 4th street is being readdressed to more accurately reflect where access is obtained from off of South Quanah and was done in coordination with the Police Department. This address correction will actually help to clarify the location for first responders and improve accessibility. The impact is that the property owner has development rights over this property, ensuring that if and when the owners of parcels 1, 2, and 3 as shown on the proposed layout pursue developing those properties. There is negligible benefit, if any, given that we are not currently utilizing this right of way, the adjacent property owner is actively mowing the property, and as noted by the concurrence to close by utility companies there is not an identified need in the future. City Corp, Fire Building and Safety, Public Works, and the Utility Company had no Comments / No Objection. City Planner Jondahl added that staff recommends forwarding this application to City Council for Approval to vacate the 4th Street ROW between blocks 16 and 25 of the Madison White Addition and blocks J and M of the Barger and White Addition with the following conditions: 1. Access easement from S Quanah to parcel 2 and 3 of the west 4th street closure layout; and 2. Water and sewer line easements as indicated on the same layout; and 3. Extension of the proposed water line easement from Seattle turning south and extends across the vacated 4th street ROW to join the 12 foot alley that runs north and south; and 4. Readdress 1700 West 4th Street to 398 S Quanah Ave to help facilitate emergency and other related service providers. As a result of the findings below: There is not an impact to the public trust, land use impacts, and no adverse effects to the public benefit. And there is no objections filed by any utility company for the vacation as long as easements remain. Lastly, there are no current installations within the easement prohibiting the vacation of the ROW. Commissioner Black made the motion to approve this item as presented by staff. The motion was seconded by Commissioner Smith and approved with Barber abstaining. The third order of business is a Final Plat of Brookview Estates Phase VI. Submitted by Barrett & Associates on behalf of William Thornsberry. City Planner Jondahl stated that the application is to finalize the preliminary plat for Brookview Estates Phase VI. This is a vacant property. The preliminary plat was approved and signed off on September 24, 2018 and revised on April 22, 2019. Surrounding properties are all zoned R1. The utilities already installed include all water, sewer, and streets, along with sidewalks along S Seattle north of 4th Street. City Planner Jondahl continued to add Whenever a final plat is submitted to the Public Works Department which is in conformity with an approved preliminary plat, the provisions of Section 4.8, and in full compliance with Section 11.2 of the land subdivision and development code that Planning Commission and the Public Works Director shall indicate the approval by execution of the certificate of final approval. The final plat substantially conforms to the preliminary plat and Section 4.8 with the following items being noted as needing corrected prior to execution of the certificate of final approval. 1. Existing ROW south of 4th street for South Tulsa and S Utah avenues shall be vacated prior to approving the Final Plat. 2. Easements located adjacent to the ROW shall be noted as utility easements only and not utility and drainage easements. 3. Bill of Assurance shall be submitted to staff for review and approval. Section 11.2 states that City Council must receive one of the following prior to accepting public dedications and before the final plat will be eligible for recording: 1. Certificate of Completeness of improvements 2. Performance Bond for the improvements not yet complete in the amount of 150% of the amount determined by the Public Works Director with a date specifying the time for completion 3. Irrevocable letter of credit – in the event developer cannot certify all paving installation 4. Cash Deposit in the full amount as specified by the Public Works Director plus 50%. City Planner Jondahl stated that since the sidewalk improvements are not complete the developer is electing to provide a performance bond. Prior to the execution of the Final Plat the City Engineer will review and approve the developers estimate and verify that the Performance Bond meets the requirements stated above. A cost estimate has been provided and approved by the City Engineer regarding the Performance Bond, so the Bond will need to be provided prior to City Council Approval. Public Works / Engineering: Property pins must be located at the completion of the subdivision prior to release of the performance bond to be in compliance with the provisions of the Final Plat. Floodplain Development permits must be obtained prior to any work within the limits of the floodplain. Elevation Certificates will be required for each structure within the floodplain for Building under construction and finished construction. City Planner Jondahl staff recommends forwarding this application to City Council for approval with the following conditions: 1. Existing ROW south of 4th street for South Tulsa and South Utah avenues shall be vacated prior to City Council approving the Final Plat; and 2. Easements located adjacent to the ROW shall be noted as utility easements only and not utility and drainage easements; and 3. Property Pins shall be located for each lot and property boundary; and 4. Bill of Assurance shall be submitted to staff for review and approval; and 5. Performance Bond for the improvements not yet complete shall be required prior to City Council approval. As a result of the findings below: 1. The Final Plat substantially conforms to the preliminary plat. 2. Utilities have been installed Commissioner Jacimore made the motion to approve this item as presented by staff. The motion was seconded by Commissioner Duffield and approved with Commissioner Black abstaining. The fourth order of business is a Special Use Permit to allow operation of a Storage Building/Container sales business in a C-2 located at 2011 East Parkway Drive. Submitted by Max Lawton. (SP.20.09.191) Item was requested to be TABLED by applicant at the September and October meetings. Commissioner Smith made a motion to table this item as requested and Commissioner Lanier seconded. The motion was approved unanimously. The fifth order of business is a Commercial Building Design Waiver located at 2011 East Parkway Drive. Submitted by Max Lawton. (MS.20.09.103) Item was requested to be TABLED by applicant at the September and October meetings. Commissioner Cothern made a motion to table this item as requested and Commissioner Black seconded. The motion was approved unanimously. The sixth order of business is a Discussion of changing the dates of the Planning Commission meetings starting in 2021. City Planner Jondahl explained that this is a proposal by staff is to switch the hearing dates from the fourth Monday of each month to the first Thursday of each month. Planning Commission and Board of Adjustment meetings to be held the first Thursday of each month starting January 7th, 2021. This will allow those applications going to the City Council to be heard in the same month and shorten timelines for those applications. When we switch to the first Thursday the timelines for applications would be as follows starting in December 2020. Application Deadline: December 15, 2020 => 23 days prior to hearing date Notification to Courier: December 17, 2020 => 21 days prior to hearing date Tech Review: December 22, 2020 =>16 days prior to hearing date Applications resubmittals: December 29, 2020 => 9 days prior to hearing date Staff Report Due January 5, 2021 => 2 days prior to hearing date. City Planner Jondahl stated that the staff report that was provided included a calendar. There was a discussion on the in person meetings versus a virtual meeting. In person meetings are needed as long as social distancing and mask requirements are followed. Commissioner Duffield made a motion to approve this item as requested and Commissioner Smith and Hatley seconded. The motion was approved unanimously.  Meeting adjourned. _________________________ Chairman Wendell Miller