Planning Commission

PLANNING COMMISSION MINUTES November 3, 2022 @ 5:30 p.m. The Planning Commission held a meeting on Thursday November 3, 2022, at 5:30 p.m. in City Hall Council Chambers. Commissioners Present Wendell Miller, Chairperson Don Jacimore, Vice-Chairperson Justin Cothren, Secretary Larry Smith John Choate Eric Westcott, City Council Liaison Commissioners Absent Luke Duffield Cheryl Monfee Cody Black Visitors: Chip Uren, Bryson Kordsmeier, Caden Lemley, Gary Dennis, Sawyer Shannon, Randy Horton, Trey Smith, Connie Jeff, Jackson Wilson TCW, Tony Jetton Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Planning Commission Meeting October 6, 2022. Commissioner Cothren made a motion to approve the minutes as written. The motion was seconded by Commissioner Jacimore and passed unanimously. The Second Order of Business is REQUEST TO WITHDRAW 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 Smith made the motion to withdraw the application. The motion was seconded by Commissioner Hatley and passed unanimously. The Third Order of Business is REQUEST TO WITHDRAW 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 Smith made the motion to withdraw the application. The motion was seconded by Commissioner Hatley and passed unanimously. The Third Order of Business Large Scale Development located at 101 N Independence. Submitted by Parkway Investment Group, LLC. (LSDV-0922-000279) City Planner Jondahl states that this is just a follow up application for the Lusso Apartments. She states that they are proposing to construct a 45 unit multi-family complex with 3 commercial spaces adjacent to N Independence Ave. City Planner Jondahl states that the existing conditions are as follows: 1. The property is zoned DCZ - Downtown Crossing Zone within the El Paso University District. 2. The lot is currently vacant, and; 3. The street and part of the Railyard is zoned M2, whereas the other property on south Parkway is C4. Property North of West E Street and West of Jonesboro is zoned Prairie Creek Zone. City Planner Jondahl states the staff's review comments. She starts by stating that the structure is a large-scale development required per 7.1 C regarding multi-family housing with more than 17 units and 7.1 B structures greater than 15,000 sqft. She states that the proposed structure meets setback requirements, appears to meet the architectural standards and design guidelines, to be confirmed with building permit application including the architectural plans, and is oriented towards the street for ease of pedestrian access. City Planner Jondahl adds that parking lots shall be screened from view by a sight obscuring fence, and all sidewalks in the ROW shall be 6 feet in clear width. She adds that Article 4 outlines the parking requirements. Residential portions of the structure is permitted at 1 parking space per unit, and commercial 1 parking space per 150 sq ft or retail space. Onsite and on street parking adjacent to the project all count towards the parking requirement. To be confirmed with a building permit. She also adds that engineering requires that all modifications need to be included on site plan and the 24 hour event must be modeled. City Planner Jondahl states that staff recommends approval of the Large Scale Development, as the result of the findings below: 1. The applicant is utilizing Article 2.19 of the RZC to ensure the complex is built to the Downtown Crossing Zone Regulations, and 2. The applicant demonstrates compliance with the regulations within section 7 of the Land Subdivision Development Code. City Planner Jondahl asks the commission if there are any questions. Commissioner Choate asks are there three commercial units within the property limited to any specific business or any type of limitations. City Planner Jondahl responds that there are some limitations of what the units can do within the property, but there are still a lot of options that the units can utilize for the Downtown Crossing Zone. Commissioner Jacimore makes the comment that on the engineering it states that there’s a pond that will need to be larger and asks if there is a retention pond on the engineering. City Planner Jondahl answers by stating that the applicant has proposed a retention pond and that the engineering company is here and could speak on the matter. She adds that the city engineer sent the comments over so staff made sure to add them in the report. Commissioner Cothren asks if the building ever changes the purpose for what they are currently using it for would they have to go back to the Planning Commission. City Planner Jondahl states that if the applicant were to make changes then they would have to come back to the planning commission. Commissioner Cothren made the motion to approve as presented. The motion was seconded by Commissioner Choate and passed unanimously. The Fourth Order of Business REQUEST TO WITHDRAW 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) Commissioner Smith made the motion to withdraw the application. The motion was seconded by Commissioner Hatley and passed unanimously. The Fifth 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 Jacimore made the motion to table the application. The motion was seconded by Commissioner Hatley and passed unanimously. The Sixth Order of Business Rezoning a property from R-2 to R-3, located at 1159 Jimmy Lile. Submitted by Gary Dennis. (ZONE-1022-000291) City Planner Jondahl states that this is a rezone application to rezone the property from R2 Medium Density Residential to R3 Medium / High Density Residential. City Planner Jondahl states the existing conditions of the property as follows: 1. The property is zoned R2- Medium Density Residential 2. It is a rural neighborhood, south of the regional Russellville Airport and mainly consists of agricultural properties. Additionally, City Planner Jondahl goes over staffs review comments as follows: 1. Future and Current Land Uses of the Area. The current uses of properties along Jimmy Lile Road are residential or agricultural in nature. The future land use map shows this area to be a rural neighborhood. Rezoning this property to Medium High Density Residential would allow the property owner to develop the property with anything permitted in an R3 zone. The current property owner wishes simply to place a manufactured home on the property while remodeling his primary residence. Uses permitted outright or permitted by special use in an R3 include Apartments, Fraternity/Sorority Houses, Boarding Homes, Group Shelter, Nursing Home, and Laundromats. 2. ReImagine Russellville 2040 comprehensive plan, as a guide for decision making, defines this area as “Rural Neighborhood” or areas in the periphery of the city. This is a rural neighborhood, rezoning to allow medium high density zoning, even though the property owner does not wish to redevelop to higher density may lead to changes inconsistent with the Comprehensive plan.  3. Value or Income potential of the property. Changing the zone from R2 Medium Density Residential to R3 Medium High Density Residential may change the income or value potential of the property since R3 allows development at a higher density than R2. City Planner Jondahl states that the application should be forwarded to City Council with a recommendation to deny this application as a result of the findings that: 1. If rezoned this would be a spot zoning approval; and 2. All adjacent properties are zoned R2; and 3. Medium High Density zoning could negatively impact the area; and 4. The Future Land Use map indicates that it will be rural neighborhood; and 5. The proposal does not align with the ReImagine Russellville 2040 Comprehensive Plan. City Planner Jondahl asks if there are any questions. Commissioner Smith asks if there is a particular time frame that the mobile home can be on the lot. City Planner Jondahl responds by stating that within the current code that staff cannot find a reason to allow a mobile home on the property as R-2 zones do not allow mobile homes to be lived in. She reiterates that mobile homes or RVs are not to be parked on a property and lived in even for a temporary period of time unless it is a mobile home park or on a R-3 property. City Planner Jondahl states again that is why the applicant is requesting to rezone the property to R-3 so that they may be allowed to live within a mobile home on the property. Commissioner Smith asks to make sure that the R-3 can allow the use of a mobile home on a property. City Planner Jondahl responds with “yes sir”. Garry Denis approaches the stand and states that he is the person that owns the property and that he has owned the property since 2004. He states that it is an older home as it was constructed during the 1960’s and that he recently got married and inherited an immediate family. Therefore, he is needing to model and update the home. Denis states that during the remodeling he needs a place to live, so that is why he is requesting to have a small mobile home and camper on the property so he may do the remodeling right and does not have to commute back and forth from the property. Commissioner Cothren asks that if the applicant uses a camper would it need to be rezoned? City Planner Jondahl states that the way that the code is written if some is living in an RV, a mobile home, and lists the requirements under Article 3.12 in the Russellville Zoning Code. City Planner Jondahl adds that staff’s hands are kind of tied because they are trying to come up with a way to allow the person to live for a temporary period of time and the only solution they could find would be to rezone the property to R-3. City Planner Jondahl states that staff informed the applicant that this would not be supported because this is spot-zoning but that it does come down to the Planning Commission’s decision as well as City Council’s decision on whether or not to allow the change. She states that if there were a way that staff could say that yes you can live in the RV for a certain period of time and it would be gone at the end of that time that they would be happy to allow that, but in the code it states that a person may not live within a mobile home either temporarily or permanently. Councilperson Westcott asks that if this request is not approved what solution are we able to offer for the applicant that is requesting to live on site while remodeling his house. City Planner Jondahl states that there is not much of a solution that she can offer other than throwing the part of the code out and to not drive by their house as well as telling code enforcement to not drive by the house, and that she does not know at this point what kind of solutions that can be offered to the applicant. Commissioner Cothren asks the applicant what the timeframe would be of the project he is proposing to do on his house. The applicant says anywhere from about 9 months to a year. Commissioner Choate makes a motion to deny the request. Commissioner Hatley seconds the motion. The motion passes unanimously. The Seventh Order of Business Special Use Permit to allow Auto Sales and Service in a C-2 zone, located at 1607 S Knoxville Ave. Submitted by by Randolph E. Uren on behalf of Billy Yarbrough Trust (SPUP-1022-000293) City Planner Jondahl states that the Planning Commission is very familiar with this property and that they have seen it very recently. She states that a new prospective buyer is looking to purchase the property and that they applied for auto sales and service. City Planner Jondahl states that the existing conditions of the property as follows: 1. The property is zoned: C2-Highway Commercial within the Cyclone Neighborhood District. 2. The property was previously used as an Auto Sales Center. 3. It is located along a transitional corridor just north of Russellville High School Comlex. 4. Variety of uses from vacant properties to construction trade sales, recreation uses (Hickey Park behind this property), along with a few residential homes. City Planner Jondahl states staffs review comments as follows: 1. The proposed use being a request to allow operation of an outdoor power equipment, power sports, Ag Equipment Trailer Sales and Service center is in line with the uses in the District. Special Uses require oversight due to unusual or unique characteristics. 2. Building shall maintain good civic design and arrangement within the corridor - Is in visual harmony with buildings in the vicinity and meets CBD requirements - No discernible benefit by requiring alterations - Size and Bulk comparable to other buildings - Proposal meets spirit and intent of zoning code 3. Sidewalks would be required if future improvements increase value of property greater than 50%. 4. Confirm parking and ADA requirements are met with approval of the business license. Appear to be met. City Planner Jondahl states that staff recommends to forward the application to City Council for approval with the following conditions:  1. Restripe directly in front of building to confirm parking requirements are met; and 2. Confirm or Provide ADA Van Accessible Parking spaces per Federal Regulations; and 3. Confirm or Provide ADA access to the front entrance of the building. As a result of the findings below: 1. The applicant demonstrates compliance with the regulations with Article 2.10, Article III, and Article VI of the Russellville Zoning code;and 2. The proposed use is in line with the adjacent use in this district; and 3. Current traffic routes are constructed in such a way to handle the traffic from the business. City Planner Jondahl asks if there are any questions. There are no questions regarding the item. Commissioner Smith made the motion to approve as presented. The motion was seconded by Commissioner Jacimore and passed unanimously. The Eighth Order of Business Special Use Permit to allow a utility substation in a C-4 zone, located at 1412 W C Street. Submitted by TCW on behalf of Camp Caudle Inc.. (SPUP-1022-000296) City Planner Jondahl states that the applicant is TCW and that they are going to be a broadband supplier Utility Substation that is just east of the Phoenix overpass and just north of Main St. City Planner Jondahl states the existing conditions of the property as follows: 1. The property is zoned C4 - Neighborhood and Quiet Business 2. Currently vacant in a previously developed Commercial Subdivision 3. Adjacent Uses include Residential, Medical Office and Warehouse Storage. 4. The Warehouse Storage location is currently zoned C3 Large Scale Shopping. City Planner Jondahl states the staff Review Comments as follows: The proposed use being a request to allow operation of a new TCW Utility Substation is in line with uses in the District. Special Uses require oversight due to unusual or unique characteristics. Building shall maintain good civic design and arrangement within the corridor: 1. Are designed to be in visual harmony with buildings either in the same vicinity or along the same commercial corridor. The proposed structure looks to be in compliance with these regulations. 2. No discernible public benefit would be gained by requiring an alternative design; and 3. The size and bulk of the proposed building is comparable to or smaller than other buildings within the immediate area. 4. The proposed use meets the spirit and intent of this section of the zoning code. Since this is new construction sidewalks will be required and can be done with the building permit. They are not proposing parking however are proposing a gravel storage area located behind a sight obscuring fence. The code does not delineate parking requirements for utility stations and given the use staff concurs that there will be sufficient parking. City Planner Jondahl states that staff recommends to forward the application to City Council with a recommendation of approval as a result of the findings below: 1. The applicant demonstrates compliance with the regulations within Article 2.12, Article III, and Article VI of the Russellville Zoning Code; and 2. The proposed use is in line with the adjacent use in this district; and 3. Current traffic routes are constructed in such a way to handle the traffic from business. City Planner Jondahl asks if there are any questions. There are no questions from the Commission. Jackson Wilson approaches the stand he is representing TCW and states that he is happy to answer any questions. Commissioner Smith asks out of curiosity what exactly are they storing in the building. Wilson replies with electronics for their fiber network. Tony Jetton approaches the stand and states that he owns a company that is called Rolling River that is the owner of Pathology services next to the proposed project. He states that they bought the building in 2016 and have spent a lot of money on the building, and when they bought the building they looked at the property next door with other medical companies and understood that those type of companies may be their neighbors at some point. That it would be a medical office and not a split-faced block building with a chain link fence around it. He then asks why is this being allowed as Dr. Vondoran’s office is even more expensive than the building that he owns. Jetton also goes on the state that the property is within a floodplain so the structure will have to be raised up at least three feet, and if the fence is there then there may be some variances for that as well. City Planner Jondahl approaches the stand and states that being within a floodplain that the applicant would be required to complete the floodplain permitting process and go through that requirement per FEMA and that they will have to comply with any regulations that they permit. City Planner Jondahl also states that this is a Special Use Permit so if there are any special conditions that the Commission would like to place on the permit that they can. Commissioner Miller suggests that City Planner Jondahl and Tony Jetton have a meeting to go over the issues that Jetton has regarding the project. City Planner Jondahl agrees that they can absolutely do that, but states that TCW has met all the requirements of the code. She states that the type of construction they are proposing is in line with the commercial building design. She adds that the sight obscuring fence is something that is permitted and that the gravel parking lot is permitted if it is behind the sight obscuring fence. City Planner Jondahl adds that there are no requirements in the code that require parking for utility substations. She notes that she is not sure what kind of articulation they could require, but ensures that everything TCW is proposing is within the parameters of the code. Commissioner Miller points out that this is an issue to a conjoining land owner and states that the Special Use Permit is all they are voting on tonight, but wants City Planner Jondahl and Tony Jetton to meet and address any issues he may have. Commissioner Choate made the motion to approve as presented. The motion was seconded by Commissioner Jacimore and passed unanimously. The Ninth Order of Business REQUEST TO TABLE Vacation of 15’ of N Hartford Right-of-Way along Lot 7 Blk 3 of the JL Shinn Addition located at 805 E Parkway. Submitted by Don Stout on behalf of Rachel Hardester. Commissioner Cothren made the motion to table the application. The motion was seconded by Commissioner Hatley and passed unanimously. The Tenth Order of Business Consideration to change the December 2023 meeting to November 28, 2023. Commissioner Smith made the motion to approve as presented. The motion was seconded by Commissioner Jacimore and passed unanimously.