Planning Commission

PLANNING COMMISSION MINUTES October 6, 2022 @ 5:30 p.m. The Planning Commission held a meeting on Thursday October 6, 2022, at 5:30 p.m. in City Hall Council Chambers. Commissioners Present Wendell Miller, Chairperson Don Jacimore, Vice-Chairperson Justin Cothren, Secretary Luke Duffield Larry Smith John Choate Eric Westcott, City Council Liaison Commissioners Absent Shirley Hatley Cody Black Cheryl Monfee Visitors: Mayor Richard Harris, City Attorney Trey Smith, City Planner Sara Jondahl, Planner I Victoria Marchant, Flood Plain Manager Ben Gray, City Engineer Glenn Newman, Engineering Technician Armando Diaz, Public Works Director Kenneth Duvall, Fire Marshal Richard Setian, City Councilor Mark Tripp, David Garza with Barrett & Associates, Roy Chisum, Cole Hendrix, Betsy McGuire, and A. Ahrable. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Planning Commission Meeting September 1, 2022. Commissioner Jacimore made a motion to approve the minutes as written. The motion was seconded by Commissioner Duffield and passed unanimously. The Second Order of Business is REQUEST TO TABLE BY APPLICANT Rezoning a property from C-1 to C-2, located at 128 E Main. Submitted by Barrett & Associates on behalf of Mark Mobley. (ZONE-0822-000257) Commissioner Choate made the motion to table the application. The motion was seconded by Commissioner Smith and passed unanimously. The Third Order of Business REQUEST TO TABLE BY APPLICANT Special Use Permit to allow an Advertising Billboard, located at 128 E Main. Submitted by Barrett & Associates on behalf of Mark Mobley. (SPUP-0822-000258) Commissioner Choate made the motion to table the application. The motion was seconded by Commissioner Jacimore and passed unanimously. The Fourth Order of Business Large Scale Development located at 3838 E Main Street. Submitted by Barrett & Associates on behalf of Beacon Management LLC. (LSDV-0922-000277) City Planner Jondahl states that the large-scale development is for Beacon Tire and it is located on E Main St. She states that the property is zoned C2-Highway Commercial. She mentions that E Main Street is West of the East End Industrial Park. City Planner Jondahl also states that there is a manufactured home park and large parcel residential properties in the area. Additionally, she states that the commercial properties in the area include retail, storage, and construction. City Planner Jondahl goes over the review comments and states that: the current regulations require the Planning Commission to approve LSD, under the proposed regulations before the council this would be staff level review since the expansion is less than 20% of the site. City Planner Jondahl states that under the current regulations the location of the proposed new structure would be visible from the ROW, however, further back than the two buildings pictured here. Under the proposed regulations CBD would not be required since the increase does not exceed 20%. She mentions that sidewalks are not required, setbacks are met, and parking appears to be sufficient. She states that because the addition is only a warehouse expansion there is no need for more parking due to the fact that there will be no additional space for employees. City Planner Jondahl states the comments from the city engineer which say that the developers must route the drainage to the pond so that there are indications that there is an existing ditch that diverts flow to the east. City Planner Jondahl states the staff recommendation to approve the Large Scale Development, 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 would be in alignment with the proposed updates for Article 3.20 of the Commercial Building Design requirements; and 3. The applicant demonstrates compliance with the regulations within section 7 of the Land Subdivision Development Code. City Planner Jondahl asks if there are any questions. There are no questions regarding the item. Commissioner Duffield made the motion to approve as presented. The motion was seconded by Commissioner Jacimore and passed unanimously. The Fifth Order of Business REQUEST TO TABLE BY APPLICANT Large Scale Development located at 115 S Independence. Submitted by Parkway Investment Group, LLC. (LSDV-0922-000279) Commissioner Jacimore made the motion to table the application. The motion was seconded by Commissioner Smith and passed unanimously. The Sixth Order of Business Special Use Permit to allow a 10’x20’ LED billboard in a C-2 zone located at 2704 N. Arkansas Ave. Submitted by Custom Advertising on behalf of Taylor Mercantile. (SPUP-0822-000264) City Planner Jondahl states that she reviewed the applications and provided two recommendations under the existing code, which has very minimal requirements for billboards. She states that she has provided additional information as well as a recommendation for the proposed code. She mentions that the commission members can follow the regulations within the existing code, but wanted to provide information regarding the revised code because of the gray area of time in which the code is being developed. City Planner Jondahl states that this is a proposed billboard for SQRL Gas. She states the existing conditions of the development as follows: 1. The development is zoned C2-Highway Commercial 2. It is located at the intersection of Aspen Lane and N Arkansas/ Highway 7 North 3. This is a highway interchange district with both local businesses and residential properties. City Planner Jondahl states the Review Comments regarding the regulations under the existing code. She mentions that the regulations for signage within the code are under Article V. She goes on to state the specific regulations within Article V as follows. 1. 5.2.4 Outdoor advertising erected in conformity with side, rear and set back from established streets ROW’s. In a C-2 zone signage is allowed up to the Front Property Line for the property, and side yard or rear yard setbacks are only required when adjacent to residential property, therefore setback requirements are met. City Planner Jondahl mentions that the sidewalk requirements for the development are met and that the applicant had presented a plan that showed where the location would be. 2. 5.4.2 Billboards are considered structures and must be the principal structure on the lot, City Planner Jondahl states that the applicant has submitted a drawing indicating that they will be replatting the property. The property is currently a metes and bounds property but billboards have to be the primary structure on the property that the applicant must plat the property to obtain the billboard. She states that the applicant has submitted the plat and how it meets the setback. 3. By definition Billboards are any advertising sign structure that has at least one dimension of greater than 12 feet. The proposed dimensions of the sign are 10x20, there this is a billboard. City Planner Jondahl goes on to explain the regulations that are within the proposed code so there is as much information as possible displayed. She lists the requirements as follows: 1. A conforming billboard is a freestanding sign, oriented to the interstate or exit ramps, and located within 200 feet of Interstate Highway 40 right-of-way (as measured from the nearest edge of the Right of Way). – This is located approximately 280 feet from the edge of the off ramp ROW, the proposed location would need to be moved closer to Aspen Lane to comply with the proposed regulations, or this sign would be non-conforming with the new regulations 2. Sign area: max 672 square feet, Height: max 60 feet- In compliance.  3. More than one billboard sign structure may be placed on a property; however, the signs shall be placed no less than 1,000 linear feet from other billboard sign structures. There are two sign structures one on the off ramp from I-40 and one on the on ramp to I-40 that would both be located within 1,000 feet of this proposed billboard. City Planner Jondahl states that the application would not meet the requirements. She adds that there are two sign structures one on the off ramp of I-40 and one on the on-ramp of I-40 that would both be located within 1000 ft of each other. She states that under the new code creating new sign would generate three non-conforming signs because they are all located wihtin the 1000 foot range. 4. At least 75% of the visible sign structure shall consist of similar materials as the primary building on site. If a standalone structure at least 75% of the sign structure shall consist of brick or stone veneer, or other exterior facade materials. The proposed application would not meet these requirements in the current condition however could be revised and constructed to meet this requirement. City Planner Jondahl states that staffs first recommendation is based off of the current code and that it may be forwarded to City Council with a recommendation of approval with the following condition: 1. Replat the property to create a lot for the proposed Billboard. As a result of the finding below: 1. The application is in compliance with the existing regulations for the City of Russellville. OR City Planner Jondahl states that if the Commission would like to take into account the proposed code that they may forward the application to City Council with a recommendation to deny the application as a result of the findings that: 1. If approved this sign would be a non-conforming under the proposed zoning code; and 2. Under the proposed regulations the sign would not be in compliance with the allowable distance from the off-ramp of I-40 or the allowable orientation as it is not oriented towards the off-ramp or I-40; and 3. If installed under the new code this would create 3 non-conforming Billboards since the other two existing billboards would now be within 1000 feet of this proposed billboard. City Planner Jondahl asks if there are any questions. Commissioner Smith asks to clarify where exactly the billboards would be. City Planner Jondahl states that there is already a billboard on the off-ramp of I-40 and one on the on-ramp of I-40 as well, and that the new one would be in between those two existing billboards. Commissioner Duffield asks if the applicants were operating under the revised code or were they aware of the changes that were made to the code. City Planner Jondahl states that the applicants were not aware of the new regulations regarding billboards within the revised code. Commissioner Duffield comments that if the applicants were not aware of the changes that maybe staff could reach back out to them and discuss the new changes so that they may have a chance to understand and make any changes without having to deny and approve the application at this time. City Planner Jondahl says she does not think that the applicant could implement a billboard on the location due to the two existing signs, and either way that they move the billboard they would be building at least one non-conforming billboard. She continues to state that she would be happy to reach out to the applicant and discuss the new regulations in person and bring back the results next month. Suzanne Parcel-Dew approaches the stand regarding the implementation of the billboards. She states that she owns the property at 107 E Aspen Lane. She states that she has real concerns regarding the Russellville aesthetic perspective. She adds that there could be a great opportunity at that corner to do something other than add a billboard that represents Russellville and is more aesthetically pleasing. Suzanne asks the questions as to why we need another billboard if the one located at the on-ramp can be seen everywhere. She states that there could be something done differently in that location that could look really nice and possibly partner with the gas station so that there could be a compromise. She also points out that having an electronic billboard at that intersection could possibly be distracting to drivers. Suzanne then states that she just wanted to give a bit of community perspective and would like to see a more holistic approach to the additions of signage to the area. Commissioner Smith asks City Planner Jondahl about the brightness of the sign and how bright the sign would be. City Planner Jondahl answers by stating that the sign must follow the required brightness requirements that are within the code as any electronic billboard would need to. Some of the requirements that she states include that the sign must not be as bright at night and that some national standards have been added to assure that the billboard is not distracting or impactful. Council Member Westcott asks if the sign permitted within the packet is the actual location of where the applicant wants the proposed billboard. City Planner Jondahl stated that based on the plat that the applicant has provided that the carport in the image must be moved onto the concrete slab on the property to meet the setback requirements. She then states that the sign would be back a few feet than what is shown within the image. Council Member Westcott clarifies that the sign would not be on the ramp access on Aspen. City Planner Jondahl states that is correct and the sign would have to be on the gas station property. Commissioner Duffield made the motion to table the application. The motion was seconded by Commissioner Jacimore and passed unanimously. The Seventh Order of Business REQUEST TO TABLE BY APPLICANT Special Use Permit to allow an Automobile Wrecking, Salvage or Junkyard, located at 4320 E Main St. Submitted by Tina Estep on behalf of Roy Chisum. (SPUP-0922-000276) Commissioner Smith made the motion to table the application. The motion was seconded by Commissioner Jacimore and passed unanimously.