Planning Commission

RUSSELLVILLE PLANNING COMMISSION MINUTES December 28th, 2020 @ 5:30 p.m. The Russellville Planning Commission held a virtual meeting on Monday, December 28, 2020 at 5:30 p.m. Members Present Chairman- Wendell Miller Vice-Chairman Don Jacimore Secretary Nathan Barber Justin Cothren Luke Duffield Larry Smith Cody Black Council Liaison Justin Keller Members absent: Shirley Hatley Jim Lanier 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, Building Official Richard Setian, City Attorney Try Smith, Jim Lynch of City Corp, Zane Bryson of City Corp, Gregg Long, Susan Peterson, Dana Warren, Amanda Farmer, Shonda Gadberry, Brittany Baker, Amy Miller, Bourke Milligan, David Garza, Kyle Hood, Chuck Frankhouse Welcome Visitors The First order of business is a request to review and approve the minutes of the Planning Commission November 23rd, 2020 Meeting. Commissioner Jacimore made the motion to approve the minutes as written. The motion was seconded by Commissioner Smith and approved unanimously. The Second order of business is a Special Use Permit to allow a group shelter in a C-2, located at 416 E 3rd Street. Submitted by Chuck Frankhouse. (SPUP-1220-000023) Chuck Frankhouse requested to remove the application from the agenda. Member Cothern made the motion to pull the application from the agenda. The motion was seconded by Member Jacimore and pulled unanimously. It was stated by City Planner Jondahl that this application will be updated and added to the agenda for the February meeting. The Third order of business is a Vacation of a portion of Right-of-Way between lot 1, block 88 and lot 6, block 89, of the J.L. Shinn Addition. Submitted by Susan Peterson. (VAC-1220-000022) City Planner Jondahl stated that this application is being brought to the Planning Commission to vacate the 80 foot wide Right-of-Way of N Jackson Avenue between 920 East F Street and 1002 East F Street. This is an un-open Right-of-Way between homes addressed off F Street. There is a drainage ditch that crosses from north to south from F Street to E Street. This is a well-established older neighborhood where Right-of-Ways are not going to be expanded. City Planner Jondahl continued to add that 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, this proposal requesting to close the entire Right-of-Way between the two homes would transfer maintenance responsibility from the City to the property owners. There is not an infringement on circulation, access or utilities. 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 a fence out from the house located at 920 east F Street towards the drainage easement, but not into the remaining easement. 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. Public Works Comments: Retain a 25 foot easement along the entire length of the drainage ditch with an extra access area beyond the 25 foot easement to move around the tree. City Planner Jondahl concluded that staff recommends forwarding this application to City Council for Approval to vacate the N Jackson right-of-way between 920 East F Street and 1002 East F Street with the following condition: 1. Retain a drainage easement over the existing drainage as mapped with dimensions from the structure to ensure fence placement is outside of the easement location. 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; and 2. No objections filed by any utility company for the Vacation; and 3. No current installations within the easement prohibiting the vacation of the ROW. Member Cothren made the motion to forward this item to city council for approval. The motion was seconded by Member Jacimore and passed unanimously. The Fourth order of business is a preliminary plat of Scenic Way Village. Submitted by Crafton Tull on behalf of Landers Development, LLC. (PLAT-1220-000021) City Planner Jondahl stated the application is to review and approve the preliminary plat application being brought to the Planning Commission for phase I of Scenic Way Village in the 1300 block of Marina Way. This is a vacant parcel located in approximately the 1300 block of Marina Way in the R1 zone where previously a PUD had been approved. Most of the properties within the area are larger lots with single family residential homes. In June 2017 the Planning Commission approved the preliminary plat for the entire 125 lot subdivision. This application is being brought to the Planning Commission because the applicant has decided to phase the construction and approval of the Final Plat into 2 phases. Phase I is under construction and this application is for approval of Phase I consisting of 61 lots. The phasing application also provided for a second detention pond and sanitary sewer lift station that were required due to the topographical restraints of the area. As previously noted in the 2017 approval there is adequate capacity in the roadway to handle all the trips created by the 125 lot subdivision, the ROW as required is indicated for Marina Drive, and consider installing a perimeter fence along Marina Way. As required by the 2017 approval the same conditions will be required by this Land Use Action to indicate sidewalk improvements along all street frontages, including Marina Way, and indicate a lighting plan for the project to be approved by the City Engineer. City Planner Jondahl concluded that staff recommends approval of the Preliminary Plat with the following condition: 1. Indicate sidewalk improvements along all street frontages including Marina Way; and 2. Indicate the lighting plan for the project. As a result of the findings below: 3. This was previously approved by the Planning Commission as the Arbors Estates as the entire Subdivision and not broken down into Phase I and Phase II; and 4. With the proposal of a lift station all utility requirements are met; and 5. Soil and topographical conditions conform to City standards and inspections; and 6. The roadway has adequate capacity to handle the additional traffic load; and 7. Construction plans have been reviewed and approved and construction has already begun; and 8. Construction of Residential Single Family homes is the highest and best use of the property. Member Jacimore made the motion to approve the item as written with conditions. The motion was seconded by Member Smith and passed unanimously. The Fifth order of business is a Large Scale Development located along Bernice Avenue. Submitted by Barrett & Associates on behalf of West Fraser. (LSDV-1220-000025). City Planner Jondahl stated that the application is to request a Large Scale Development approval to allow construction of a micro wood pellet facility on a portion of the West Frasier Facility. The property is part of the West Frasier property, however, sits on the eastern part of the property on the other side of the rail tracks which is currently vacant. It also sits off Bernice behind Omega Solutions and Barefield Auto Salvage so it will be located away from the State Right-of-Way. This property is located in the Arkansas River Industrial District in a M1 zone, however, both properties adjacent to the property to the south and located on Bernice are both C2 zones. The Uses in this area are a mix of commercial and industrial uses. City Planner Jondahl added that in the review of this proposal in the M1 Light Industrial District Section 2.13.3 refers you to the table of permitted uses where wood or lumber processing is a permitted use and is subject to the provisions contained in the Land Subdivision Code pertaining to Large Scale Developments. In the Land Subdivision Development Code (LSDC) section 7 it states that any commercial or large scale development meeting any one of the following criteria shall be reviewed by the Planning Commission prior to issuance of a building permit or other City permit. Section 7.1 A. states that Buildings or developments placed on a plot of real property five (5) acres or larger, whereas the addition sits on one of the three parcels and is 8.22 AC. This therefore meets the requirement and will need to be submitted as a Large Scale Development to be reviewed by the Planning Commission. Although there are no specific minimum regulations for a development in the M1 zone a 25 foot front yard setback, and a 25 foot side and rear yard setback are required. The property shown on the site plan does not represent what is shown with the Pope County Assessor’s Office. Since this is a lease of a portion of the property and the applicant is not the owner of the parcel, an incidental subdivision application will not be required, however, if ownership of this lease property transfers to the applicant an incidental subdivision application will be required to plat this property. Sidewalks per 3.21.1(C) New Commercial uses/structures shall provide sidewalks along all public street frontages and shall be five (5) feet in clear width, with no obstructions. However, in the Arkansas River Industrial District sidewalks shall not be required except in accordance with the Russellville Connected Trail system. There is a multi-use trail proposed along this portion of Bernice Avenue, alignment will be confirmed prior to building permit submittal and if located along the northern side of Bernice, either a requirement to construct the trail or allowance of a fee-in-lieu will be collected for the trail portion of the development. Parking Regulations state that you shall have adequate area to park all employees’ and customers’ vehicles at all times and adequate space for loading, unloading, and storing all vehicles used incidental to or as a part of the primary operation of the establishment. Not fewer than one parking space shall be provided for each 4 employees present at any given time. Please note however, that all parking spaces provided for under the provisions of this zoning code shall have a six-inch gravel base and be paved with a concrete or minimum of 2 inches of hot mix asphalt. Parking areas must be paved and striped as required before a Certificate of Occupancy will be issued. Per the design engineer there will be 2 employees on site with a request to approve a total of 5 parking spaces with 1 of those spaces meeting ADA requirements. Any new signs will need to meet the provisions of Article V. of the City of Russellville Zoning Code and submitted to Community Development for Review. City Corp / Fire Department / Fire Building and Safety Comments: - No Comments Public Works / Engineering: - Acknowledges receipt of the simplified drainage plan and review is ongoing to be completed as part of the building permit application. City Planner Jondahl concluded that it is staff’s recommendation to approve the Large Scale Development to allow construction of the Drax Biomass Micro Pellet Facility in the Light Industrial zone behind West Frasier and north of Bernice Avenue with the following conditions: 1. Elevations of the proposed structure will be review as part of the building permit application; and 2. Multi-Use trail to be determined with building permit application; and 3. Allowance for only 5 parking spaces being required, with one of those being ADA compliant; and 4. The simplified drainage plan will be completed as part of the building permit application. As a result of the findings below: 1. The applicant demonstrates compliance with the regulations within Article 2.13 of the Russellville Zoning Code; and 2. The applicant demonstrates compliance with the regulations within section 7 of the Land Subdivision Development Code. Member Smith made the motion to approve the item as written. The motion was seconded by Member Black and passed unanimously. The Sixth order of business is a Consideration of the recommendation to update the Table of Permitted Uses in the Russellville Zoning Code to the City Council for adoption by Ordinance. (ZONE-1220-000032) City Planner Jondahl explained that this application is to add a couple of definitions that are missing from Article X, revise the current table of permitted uses to a user friendly version outlined by use category and to add a couple of specific use types to help when applications for new businesses are submitted. The existing table of permitted uses within the zoning code is listed alphabetically and contains several general categories and omits other uses that have already been permitted within the City either erroneously or purposely thinking that an update to the Table of Permitted Uses would follow. This application does exactly that, cleans up some uses that should have been included in the table previously, and organizes the uses within use categories such as residential, public, civic, and institutional uses, commercial to include entertainment, office, personal service, retail uses, and other uses. It helps to guide those looking to see if their use is permitted by also removing the NP and replacing that with a “-” so that you can quickly see when something is permitted or permitted by special use. These changes are in line with what other communities have done with their tables of permitted uses. City Planner Jondahl added that in addition to cleaning up the order of the Table by creating those Use Categories and organizing specific uses within those use categories, we are proposing a few items to be added or cleaned up within the specific uses on the table. The following addition or corrections are noted here: Use Category Residential: ∙ Specific Use Dwelling Townhouses were listed two different times within the current table and removed the duplication, leaving the less restrictive use within the revised table. Use Category Public, Civic, and Institutional: ∙ Community and Relief Services were added to help enable staff to categorize those not for profit community service organizations and permit those within some commercial zones. ∙ Removed Print Shop from the Newspaper Office and listed Print Shop within Commercial Retail Services permitted in the same zones as newspaper offices. Use Category Commercial, Office, and Retail: ∙ Added Arcade and Indoor Playground to the entertainment use category to help permit those types of facilities that have been permitted previously under retail, which did not entirely represent the type of business being done. ∙ Added Office for construction that includes no equipment repair, sales or storage yards to be permitted within some of the commercial zones. ∙ Added Office, Other for those types of offices that do not fall under the Medical and Professional classification, but that should be permitted. ∙ Added, a Personal Service Use Category to include Day Spa or Massage, Health Studio, Pet Grooming, and Tattoo / Body Piercing. ∙ Add permitted in the Central Business District for convenience stores less than 3,500 sqft. ∙ Added Convenience Store with Fuel Sales mimicking the Auto Service Station Special Permit requirements since by rule you always permit a convenience store with fuel stations as a special use permit required since that is what is required for Auto Service Stations. ∙ As noted above, Print Shops were separated from Newspaper Office being permitted in the same areas as newspaper offices. ∙ Updated Auto Repair Garage and Auto Service Station to not be permitted within the central business district and this change does not affect any existing business within the district. Use Category Commercial, Office, and Retail: (con’t) ∙ Add two additional Vending Machine uses to the table for business operations within a commercial use already and one for machines being placed outside similar to the Ice Machine operations. ∙ Revised Vending Machine – Ice to not permitted in residential zones instead of being permitted by Special Use. Use Category Industrial and Manufacturing: ∙ Added a classification for Aviation Service to permit businesses needed to either support or in addition to services provided in and around the airport. Definitions being proposed to be added to Article X of the Russellville Zoning Code result from the uses currently listed within the Table of Permitted Uses and are being included to help clarify these uses for consistency in applying uses to applications. Definitions: Aviation Service. A use or service appurtenant to an airport including but not limited to the repair, service, or maintenance of aircraft, or services that could be in conjunction with an airport. Dwelling – Condominium. A single-dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Flea Market. A flea market is a type of street market that provides space for vendors to sell previously owned (second-hand) merchandise. This type of market is often seasonal. Group Shelter. A group shelter shall mean a homeless shelter that shelters some combination of a family or group of unrelated persons of differing genders under one roof and with centralized management. Mayor Richard Harris stated that he hasn’t had a chance to look over the updates to the table and that he just saw it earlier that day and that he likes what he is seeing but he hasn’t been able to really give any comments and he isn’t sure the commissioners have had adequate time to review these changes and would like to remind the commissioners that they have the ability to table this item and have it added to the January 2021 meeting agenda. Commissioner Black asked the City Planner if there were any current business applications that were on hold due to these changes. City Planner Jondahl stated that currently there aren’t any that are on hold since they are mostly renewing for 2021 and were previously approved, we have granted their renewal but will be reaching out to them if there are any changes with their permitted uses. Member Smith made the motion to table the item. The motion was seconded by Member Jacimore and tabled unanimously. The Seventh order of business is a Request to Table - 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 TABLED by applicant at the September, October, and November meetings. City Planner Jondahl stated that this applicant has requested to table the item until an in person meeting. Member Smith made the motion to table the item. The motion was seconded by Member Jacimore and tabled unanimously. The Eighth order of business is a Request to Table - Commercial Building Design Waiver located at 2011 East Parkway Drive. Submitted by Max Lawton. (MS.20.09.103) Item was TABLED by applicant at the September, October, and November meetings. City Planner Jondahl stated that this applicant has requested to table the item until an in person meeting. Member Black made the motion to table the item. The motion was seconded by Member Jacimore and tabled unanimously. Meeting adjourned. _________________________ Chairman Wendell Miller