Planning Commission

RUSSELLVILLE PLANNING COMMISSION MINUTES November 23, 2020 @ 5:30 p.m. The Russellville Planning Commission held a virtual meeting on Monday, November 23, 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 Jim Lanier Cody Black Council Liaison Justin Keller Also present: City Planner Sara Jondahl, Planner I Victoria Marchant, Mayor Richard Harris, Permitting Tech Kelsey Dinkel, Engineering Tech Armando Diaz, Flood Plain Manager Ben Grey, Deputy Building Official Bill Clark, City Attorney Try Smith, Jim Lynch of City Corp, Alan Arrington, Donna Hendrix, Andy Rotenstreich, David Garza, Mary, Amy Pruitt, Sarah Hann, and Jason Hann Welcome Visitors The First order of business is a request to review and approve the minutes of the Planning Commission October 26, 2020 Meeting. Commissioner Duffield made the motion to approve the minutes as written. The motion was seconded by Commissioner Hatley and approved unanimously. The Second order of business is a Tower Use Permit submitted by Cellco Partnership for Verizon Wireless. City Planner Jondahl stated that this application is being brought to Planning Commission to construct a 125’ monopole commercial communication cower with a 5’ lightening rod by Verizon Wireless. This is a vacant property in a R2 zone adjacent to the Golf Disc Course located on Russellville School District property. All adjacent properties are zoned R2. This is a wooded area of property owned by the Russellville School District, located directly north of Legacy Height Nursing Home and east of the Golf Disc Course. City Planner Jondahl continued to explain that this property is located in the Glenwood Neighborhood. Within this district you see a mixture of residential from Single Family to small apartment type uses, along with residential secondary uses, such as several City Parks, the Russellville Intermediate and Middle School Campus, Churches, and is located adjacent to the Old Town Historic Neighborhood. The proposal is to allow construction of a 125 foot tall Commercial Communication Tower east of Meadowview Drive and Quail Creek Drive. According to the Article 3.18 a commercial communication tower within a residential zone is permissible through the use of a special use permit. Certain uses may or may not be appropriately located within various districts throughout the City due to their unusual or unique characteristics of operation and external effects. Given their unusual character, special consideration must be given each application so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. The uses listed in the Table of Permitted Uses as “special permit uses” are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they be permitted to locate therein. Article 3.18 requires: 1. Height limited to 100’ within a residential zone – application for a variance has been submitted and staff recommends approval of the variance request. 2. Setbacks – within a residential zone the tower shall be set back from any adjoining property line a distance at least 50% of the height of the tower measured from the base of the tower to the property line of the residential lot. They demonstrate how the entire fall zone of the tower is within the forested area of the School District property. 3. Landscaping and Aesthetics – The applicant has indicated that all trees outside of the lease area will not be touched and will preserve existing mature tree growth within that area. They have not provided a specific preservation plan, this can be submitted with the building permit application. 4. Lighting – The application specifically indicates that there will not be any artificial illumination of the tower as it does not meet the height requirement to install one. 5. Security Fencing – a proposed 6 foot chain link fence is shown. 6. Collocation – They will allow future collocation on their tower once constructed and have sufficiently demonstrated that the need exists for this new tower to be constructed. 7. Environmental Impacts - A Certificate of Compliance with the National Environmental Policy Act (NEPA) will be required prior to any permits are issued, acknowledged and agreed is not sufficient for permit issuance, although the Special Use Permit may be approved without it. 8. Access way shall be paved within 20 feet of the ROW, all off street parking areas shall be paved. City Planner Jondahl stated that Staff recommends approval of this application with the following conditions: 1. Variance application to the height limits shall be approved by the Board of Adjustment; and 2. Submit a tree preservation plan as part of the building permit application; and 3. A Certificate of Compliance with the National Environmental Policy Act (NEPA) will be required prior to permit issuance; and 4. Access way shall be paved adjoining the current ROW for a distance of 20 feet and off street parking areas shall be paved; and As a result of the findings below: 1.The proposed Tower is located approximately 120 feet from the ROW; and 2. The requirements of Article 3.18 are met. Andy Rotenstreich stated that this was a collaborative effort of Verizon, Russellville School District, and the city to alleviate the concerns with the previously proposed location for the cell tower Nathan Barber asked why this proposal would have a 5 ft. lightening rod versus the 10 ft. rod on the previous proposal. Andy Rotenstreich stated that the lightening rod is smaller due to the height of the pole. The engineer has worked hard to change the lightening rod due to the elevation of the area where the pole will be located. Also the added height will allow other carriers to use the pole. Commissioner Cothren made the motion to approve the item as presented by staff. The motion was seconded by Commissioner Duffield and approved unanimously The third order of business is a vacation of five feet of 3rd Place Right Of Way. City Planner Jondahl stated that this application is being brought to the Planning Commission to vacate five (5) of Right-of-Way along the frontage of the existing Manna House property along the northern edge of Right-of-Way for West 3rd Place east from S Boulder approximately 100 feet. Currently an older home being operated as the Manna House is located on the adjacent parcel. There are currently plans under review to allow the demolition and construction of a new Manna House building with an exit being proposed within this five (5) foot section of ROW with an ADA Access ramp and railing. There is a mixture of uses within the surrounding properties including a law office to the north, City Corporation to the south, some residential and adjoining parking for First United Methodist Church. City Planner Jondahl continued Items to consider when vacating an easement are 1. Public Trust; 2. Land Use Impacts; and 3. Public Benefits. 1. What is the impact of the proposed vacation upon the “public trust functions” of the right-of-way or easement? Does the vacation impair circulation, access, utilities, open space, and/or views? No, since this is only a partial vacation of an existing ROW and the street and all utilities are located within the bounds of the ROW that will remain, no impacts to the public trust functions are created. 2. What are the land use impacts regarding the vacation of the utility easement? The impact is that the property owner has development rights over this portion of the previously existing ROW allowing the construction of the ADA Access ramp with railing to exit the building within the bounds of their property. 3. What Public Benefit is received by vacating the easement? There is negligible benefit, if any, given that we are not currently utilizing this right of way, the adjacent property owner is actively maintaining this portion of ROW, and as noted by the concurrence to vacate this portion of ROW by utility companies there is not an identified need in the future. City Planner Jondahl stated that it is staff recommendation to forward this application to City Council for Approval to vacate five (5) of Right-of Way along the frontage of the existing Manna House property along the northern edge of Right-of-Way for West 3rd Place east from S Boulder approximately 100 feet as a result of the findings below: 1. There is not an impact to the Public Trust, Land Use Impacts, and no adverse effects to the Public Benefit. 2. No objections filed by any utility company for the Vacation as long as easements remain. 3. No current installations within the easement prohibiting the vacation of the ROW. Commissioner Black made the motion to approve with additional conditions. The motion was seconded by Commissioner Smith and approved unanimously. The fourth order of business is a final plat request to review and recommend a replat of lots 7 and 8, Block 5, McAruthur Addition. Submitted by Barrett and Associates on behalf of Kenneth Biggs. City Planner Jondahl stated that the application is to review and recommend approval of the incidental subdivision application being brought to the Planning Commission as a Final Plat for lots 7 and 8, block 5, of the McArthur Addition to the City of Russellville, Arkansas. The existing conditions include a vacant property within a residential neighborhood with a drainage way across the property. Located just south of the 4th street commercial corridor in a residential neighborhood. Most of the surrounding properties are developed as residential properties. City Planner Jondahl continued to add that typically this type of incidental subdivision to re-plat two existing lots would be approved at the staff level. However, staff is only given authority to approve when all of the approval guidelines outlined in the Land Subdivision and Development Code (LSDC) Section 6.2 are met. In this case 6.2 B. G. and H are not met. 6.2 B states “No vacation of streets, alleys, setback lines, access control or easements is required or proposed” which in this case the proposal is to add a drainage easement over the drainage way. 6.2 G and H are referencing substandard lots or parcels and no waivers or variances from these regulations are requested. The re- plat proposal is to re-plat two lots of record, in an existing area of town with several other lots of record. The lots of record are approximately 7,000 sq ft which is smaller than the minimum lot size permitted within a R2 zone of 7,200 sq ft, the smaller size of these existing and proposed lots are substandard and require a special exception. As required by the LSDC they have complied with all the requirements for information to be included on the Final Plat as outlined by Section 5.4 B. These lots have been sitting vacant for years with no structures on the property. The allowance by the Board of Adjustment to approve the special exception will provide a way for the Planning Commission to approve the Final Plat and send this application to City Council for Final approval. Staff has reviewed the application and believes that this is the best option to allow development of these two properties. Without the approval, 1 house could eventually be built on one of the lots, however, the other lot would remain undeveloped due to the drainage way crossing the property. Building two single family residences is the highest and best use for these properties. The drainage easement is proposed centerline over the current drainage way and Public Works Engineering concurs with the alignment and acceptance of the easement. City Planner Jondahl added that staff recommends forwarding this recommendation to City Council for approval of the Final Plat and acceptance of the Drainage Easement as a result of the findings below: 1. The Final Plat conforms to the Final Plat requirements outlined in Section 5.4 B of the LSDC; and 2. The drainage easement is located in an acceptable location over the drainage way; and 3. Construction of Residential Single Family homes is the highest and best use of the property; and 4. The applicant has applied for the Special Exception to the Board of Adjustment for the substandard lot size. Commissioner Smith made the motion to approve. The motion was seconded by Commissioner Jacimore and approved unanimously. The fifth order of business is a final plat request to review and recommend for Brookview Estates Phase VII. Submitted by Barrett and Associates on behalf of Rood Construction. City Planner Jondahl stated that the application is to review and recommend approval of the incidental subdivision application being brought to the Planning Commission as a Final Plat for Brookview Estates Phase VII. Vacant property within a residential neighborhood adjacent to the newly constructed West 4th Street portion of Brookview Estates Phase VI. This is located within an established residential area. She continued to add that typically this type of incidental subdivision to re-plat two existing lots would be approved at the staff level. However, staff is only given authority to approve when all of the approval guidelines outlined in the Land Subdivision and Development Code (LSDC) Section 6.2 are met. In this case 6.2 B is not met and states “No vacation of streets, alleys, setback lines, access control or easements is required or proposed” which in this case the proposal is to add an easement over the existing waterline. As required by the LSDC they have complied with all the requirements for information to be included on the Final Plat as outlined by Section 5.4 B. These lots have been sitting vacant for years with no structures on the property. This is being brought to the Planning Commission solely due to the fact that there is an existing water line in the vacated portion of South Utah Avenue. The waterline easement was not created when the right-of- way had been vacated, this action corrects that and creates a waterline easement for use by City Corporation to maintain the existing waterline. City Corp comments stated that a waterline within the vacated S Utah Ave requires a 10’ waterline easement. City Planner Jondahl stated that staff recommends forwarding this recommendation to City Council for approval of the Final Plat and acceptance of the Drainage Easement as a result of the findings below: 1. The Final Plat conforms to the Final Plat requirements outlined in Section 5.4 B of the LSDC; and 2. The waterline easement is located in an acceptable location over the existing waterline; and 3. Construction of Residential Single Family homes is the highest and best use of the property. Commissioner Jacimore made the motion to approve. The motion was seconded by Commissioner Hatley and Commissioner Black abstain and it was approved unanimously. The sixth order of business is a special use permit request to review and recommend to operate a used car dealership on the property located at 3405 E Main Street, in a C-2, previously approved under SUP.20.05.183. Submitted by Eric Moix Construction on behalf of Matt Enderlin. City Planner Jondahl stated that the application is a request for a Special Use Permit to permit a Car Dealership to begin operation in an existing structure on the corner of Lexington and East Main (Hwy 64). The parcel is currently vacant with one modular office building not in use and has previously been used as a used car lot. The property is approximately 3.48 acres including the easement for the Lexington Street ROW. The property is assessed as a commercial property according to the Pope County Assessor’s office. Current zoning of the property and the property surrounding are all C2 with the exception of the property located diagonally to the southeast which is zoned as M1. City Planner Jondahl added that the proposed use of the property being an Automobile Sales Lot remains in line with the Land Uses for the East Main Commercial District. Within this type of district you would expect to find a variety of different uses, such as restaurants, hotels, churches, Gas Stations, Mini Marts, Auto Sales and Auto Repair Shops. You will note that most of the adjacent uses include a variety of automobile sales, with the coop farm equipment sales, and an industrial type use diagonally across the street. The table of permitted uses states that automobile sales is a special use within the C2 zone. Certain uses may or may not be appropriately located within various districts throughout the City due to their unusual or unique characteristics of operation and external effects. Given their unusual character, special consideration must be given each application so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. The uses listed Table of Permitted Uses as “special permit uses” are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they be permitted to locate therein. The previous approval for the special use permit case number 20.05.183 approved redevelopment of the site in accordance with the commercial building design, sidewalk construction and drainage improvements. At this time the proposed improvements are less extensive and only include updates to the existing structure by updating the front entrance deck to include ADA accessibility, replace ADA accessibility at the rear of the existing structure to remove ADA ramp and only include porch and stairs, replace the roof, resurface existing asphalt parking area, interior improvements include new floor covering, change doors, new sheetrock, and paint. Any site improvements outside of these listed are not included in this approval. If future improvements are made it is staff’s recommendation that compliance with SP 20.05.183 be required. Issuance of the Special Use Permit does not authorize construction to begin. Prior to any site work commencing on the property application for building permits shall be submitted. Reviews will verify compliance with storm water, building, fire, water, sewer, and zoning codes. Separate application will be required for sign permits. City Planner Jondahl stated that staff recommends approval of this special use permit with the following condition: 1. Future improvements must be in compliance with the approvals given in SP 20.05.183. As a result of the findings below: 1. The building and use is comparable with other uses and structures in the area; and 2. Current traffic routes are constructed in such a way to handle the traffic from the business; and 3. Public Facilities already service this location. Commissioner Hatley made the motion to approve with the conditions as stated. The motion was seconded by Commissioner Duffield and approved unanimously The seventh order of business is a request to table- the 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. This item was tabled by applicant at the September and October meetings. Commissioner Smith made the motion to table. The motion was seconded by Commissioner Jacimore and approved unanimously The eighth order of business is a request to table a commercial building design waiver located at 2011 East Parkway Drive. Submitted by Max Lawton. This item was also tabled by the applicant in the September and October meetings. Commissioner Black made the motion to table. The motion was seconded by Commissioner Lanier and tabled unanimously. The ninth order of business is a large scale development request to review and approve changes to DV.20.05.166 for Greenway Equipment Inc. located at 2911 S Arkansas Ave. Submitted by Heritage Engineering on behalf of Marshall Stewart. City Planner Jondahl stated the application is to request a revision to the Large Scale Development approval DV 20.05.166 to allow installation of a traffic signal to keep the center driveway and to close the northern driveway instead. The existing structure sits on the property along Arkansas Ave across from Lock and Dam Road with three driveways that do not meet current highway requirements. This property is located in the Arkansas River Industrial District in a C2 zone, surrounded by C2 properties. The uses in this area are a mix of Service Stations, Garden Centers, Chain Store and other similar commercial uses. City Planner Jondahl added that in the original approval the condition was placed to close the center driveway at the recommendation of the Arkansas Department of Transportation. The applicant determined that the center driveway was most advantageous to keep and has submitted a traffic study as part of this application to revise the previous Large Scale Development approval. In the traffic study by Peters and Associates Project No.: P-2059 and dated October 12, 2020 they evaluated existing and proposed traffic conditions, determined projected traffic volumes entering the site, and made a recommendation to retain the center driveway with the installation of a traffic signal. The report indicates that the northern driveway will be closed, as has been requested by staff and the Arkansas Department of Transportation. The applicant is requesting to retain the southern driveway to help with large truck deliveries to the site. The traffic study indicates that there is not a significant difference by either closing the southern driveway or allowing it to remain. The applicant has submitted a statement why that driveway location should be retained and both the Arkansas Department of Transportation and the City concur that driveway location may remain. A permit will be required from the Arkansas Highway Department to close the northern driveway and to install a new traffic signal and modifications to the existing signals to allow the retention of the center driveway. Public Works / Engineering said that staff has received their traffic study and in concept is in support of the proposed changes to the site with regards to closing the northern driveway and retaining the center driveway with the installation of the new traffic signal. City Planner Jondahl stated that it is staff’s recommendation to approve the request to revise the Large Scale Development DV 20.05.166 allowing the center driveway location to remain with the installation of the traffic signal with the following conditions: 1. Install traffic signal as recommended by the traffic study by Peters and Associates Project No.: P- 2059 and dated October 12, 2020; and 2. Close the northern driveway; and 3. Obtain all Right of Way permits from the Arkansas Department of Transportation; and 4. All other conditions from the original DV 20.05.166 approval remain the same. As a result of the findings below: 1. The traffic study indicates that a traffic signal for the center driveway will provide the greatest benefit to traffic flow and safety; and 2. The applicant has provided sufficient detail to allow their request to retain the southern driveway. Commissioner Duffield made the motion to approve. The motion was seconded by Commissioner Cothren and approved unanimously. The tenth order of business is a rezoning of a property from R-1 to C-2, locate at 138, 206, and 228 Bradley Cove Road. Initiated by the City of Russellville. City Planner Jondahl stated that is an application to update the City of Russellville Zoning Map for property located along Bradley Cove Road from the existing R1 Single Family Residential zoning to C2 Highway Commercial zoning designation. The property and that immediately to the west, south, and north are zoned C2. The property directly to the east is zoned R1. There are two structures on the property that are currently used as rental property. This is located along Bradley Cove Road in what appears to be a commercial corridor. City Planner Jondahl added that this application is being brought as a result of an inquiry regarding when the zone had been changed on this property from R1 to C2. Upon investigation, the map had been incorrectly updated as a result of the majority of the area being rezoned from R1 to C2. In this picture, the area being rezoned with this application was not included in the original rezoning recommendation from Planning Commission to City Council, however, everything else marked R1 was rezoned. The rest of the R1 area being zoned to C2 also abuts City Limits line and these 4 parcels are the last parcels prior to entering the county. This application is to correct that mapping error. When considering a zone map adjustment careful consideration needs to be made in regard to the future land use of the area, the Comprehensive Plan recommendations and the uses in the surrounding area. Ordinance 2277 Exhibit A- Properties in the Highway Commercial District in this location include commercial truck stop /travel center, truck wash, professional design firm and utility company properties. City Planner Jondal continued to add that Staff recommends forwarding the request to rezone the property from R1 Single Family Residential zoning to C2 Highway Commercial for approval by City Council as a result of the findings below: 1. The proposal aligns with both the current and proposed comprehensive plan; and 2. Is in line with existing uses within the neighborhood. Roger Fryar asked that staff and commission take a look at a traffic engineering study due to the amount of traffic in the area. Also there are over 1,000 homes in the area that have daily drivers plus the truck traffic from the local businesses. Donna Hendrix stated that she was wanting more information but that it was answered and she would have more questions for city council. Commissioner Duffield stated that that high way is state maintained and that any study would need to be in conjunction with ARDOT. Commissioner Duffield made the motion to approve. The motion was seconded by Commissioner Smith and approved unanimously. The eleventh order of business is the consideration of the recommendation to submit the ReImagine Russellville 2040 Comprehensive Plan to the City Council for adoption by resolution. City Planner Jondahl stated that this application is to review and forward a recommendation to City Council regarding the overall strategic plan for Russellville as we grow over the next 20 years. The existing Comprehensive Plan was adopted in 1997 and many of the goals highlighted in the plan have encouraged growth and brought us to where we are in terms of community health, quality of life, and economic development. The Comprehensive Plan is NOT a legal document and it is NOT a zoning ordinance. The comprehensive plan IS a visioning document designed to guide the future actions of our community, providing a framework with clear goals and actions, as well as ensuring our community grows in a strategic manner. State law requires that we review and update our comprehensive plan every 20 years with review and minor adjustments as needed during the life of the plan to help the community to be prepared to promote the safety, morals, order, convenience, prosperity, and general welfare of our citizens. State law also requires that we maintain a Land Use Plan, Community Facilities Plan, and Master Street Plan, all of which are included as part of the ReImagine Russellville 2040 plan. The Land Use portion of the plan recommends areas to be retained as open and natural spaces, allows flexibility with regards to existing and potential redevelopment areas, and shows how other areas may be proposed for new development. The Master Street Plan provides a consistent way for us to view and update our streets and provides clear guidance for developers as they submit plans to develop within our community. The Community Facilities plan is comprised of the transportation and mobility plan, annexation plan, and trail plan which round out and help to create the vision that we see for Russellville. City Planner Jondal added that the 10 Vision Principles of the Plan that were identified are: 1. Preserve Open Space and Protect Environmentally Sensitive Areas. 2. Take Advantage of Existing Community Assets. 3. Foster Walkable Neighborhoods Which Offer a High Quality of Life. 4. Create a Range of Housing Opportunities and Affordable Choices. 5. Mix Land Uses for Pedestrian-Friendly Places. 6. Promote Attractive Development with a Strong Sense of Place. 7. Provide Recreational and Cultural Amenities 8. Provide a Variety of Transportation Choices and High-Quality Transportation Corridors. 9. Expand Economic Development Opportunities. 10. Provide Policies and Processes that are Predictable, Cost Effective, and Equitable to Residents and Developers. With these principles as the guiding vision the comprehensive plan is not meant to direct land use arrangement precisely, nor is it a zoning ordinance, but it remains flexible as we grow to ensure that we have the ability to adapt as necessary. By adopting this plan now, by resolution at the City Council, it strategically places Russellville to be ready for the next 20 years! City Planner Jondahl stated that staff recommends forwarding this recommendation to City Council for adoption by resolution of the ReImagine Russellville 2040 Comprehensive Plan as a result of the findings below: 1. Meets the State Requirements of §14-56-403 and §14-56-414 which require a Land Use Plan, a Community Facilities Plan, and a Master Street Plan. 2. The plan provides clear guidance to create a vibrant, prosperous, and attractive community with a high quality of life for the residents of Russellville; and 3. Provides goals and policies to direct action aligning with economic resiliency, quality of life, community change and development, and infrastructure and fiscal health. Commissioner Black made the motion to forward to City Council. The motion was seconded by Commissioner Hatley and approved unanimously. Meeting adjourned. _________________________ Chairman Wendell Miller