Planning Commission

PLANNING COMMISSION MINUTES November 2, 2023 @ 5:30 p.m. The Planning Commission held a meeting on Thursday November 2, 2023, at 5:30 p.m. in City Hall Council Chambers. Commissioners Present Wendell Miller, Chairperson Don Jacimore, Vice-Chairperson Cody Black John Choate Justin Cothren Larry Smith Eric Westcott, City Council Liaison Commissioners Absent Luke Duffield Shirley Hatley Cheryl Monfee Visitors: City Planner Sara Jondahl, Planner I Victoria Marchant, Planning Assistant Caden Lemley, David Garza, Colton Grace, Kelsey Grace, Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Planning Commission Meeting November 2, 2023. Commissioner Jacimore motioned to approve the minutes as presented. The motion was seconded by Commissioner Choate and passed unanimously. The Second Order of Business is a Large Scale Development located along Tyler Road. Submitted by Crafton Tull on behalf of Owens Corning Foam Insulation. (LSDV-1023-000436) City Planner Jondahl stated that this is a Large Scale Development for Owens Corning on Tyler Road. She stated the images shown are the layout and elevation of the site. She stated that it is zoned M-1 Light Industrial, with the exception of a C-2 Highway Commercial zoned property to the Northeast adjacent to the transmission power lines. She stated that adjacent properties include JW Aluminum, Rockline Industries, and some single family residential properties. City Planner Jondahl stated that per Article 1.9.2 because this is a Large Scale Development an incidental subdivision process must be complete prior to Certificate of Occupancy. She stated that Article 2.13.3 requires a site plan review and will be completed prior to issuance of a building permit. She stated that according to Article 2.13.5 Parking Regulations, at the time of building permit application a Parking Statement or Analysis will need to be provided to confirm parking is in compliance. She stated that per Article 2.19.2 Airport Zone Height Limitations: No structure shall be erected, altered, or maintained in excess of the applicable height limits established. She stated that the elevations provided indicate that the total height of the facility is 529 feet MSL. She stated that coordination with the Federal Aviation Administration (FAA) will be required and approvals from them received prior to construction of the portion of the project above the 500 foot MSL. She stated that per Article 5.12.4 Landscaping, Alternate methods of compliance: The Landscape plan demonstrates that the intent of the requirements for landscaping can be more effectively met through alternative means. She stated that the proposal includes preservation of 4 wetland areas to remain and approximately 22 acres of undisturbed hardwood, pine, and cedar forested area. She stated that the undisturbed areas and wetlands should be protected during construction and any alteration to the proposed plan shall be reviewed and approved by Planning prior to any construction activities being commenced. She stated that the buffer, adjacent to the two residential properties along Tyler Road, shall not be less than 15 feet and should be clearly identified and protected. She stated that the width is not clearly identified on the plans for confirmation at this time. Approve the Large Scale Development with the following conditions: 1. Apply for and obtain an Incidental Subdivision; 2. Provide a statement of parking analysis and show compliance with the parking requirements listed in Article 2.13.5; and 3. Undisturbed areas and wetlands shall be protected during construction; and 4. Any alteration to the proposed landscaping plan shall be reviewed and approved by Planning prior to any construction activities are commenced; and 5. Submit civil site plans showing compliance with the regulations regarding drainage; and 6. Submit to and receive approval from the FAA regarding elevations of the facility above the 500 foot MSL ceiling. As a result of the findings below: 1. The applicant has expressed their commitment to adhere to the zoning regulations in Article 1.9.2 and 2.13; and 2. Article 2.19.2 Airport Zone Height Limitations appear to be met; and 3. The applicant demonstrates compliance with the regulations within section 7 of the Land Subdivision Development Code. Greg Long, Crafton Tull, stated that this project has been in the works for a long time and they are ready to break ground as this will create good jobs for the community. He stated that members of the Owens Corning team were present to answer any questions. Commissioner Black motioned to approve the application as presented. The motion was seconded by Commissioner Jacimore and passed unanimously. The Third Order of Business is a Special Use Permit to allow a Car Rental business in a C-2 zone, located at 111 S Arkansas. Submitted by Josh Spence on behalf of River Valley Realty. (SPUP- 0923-000431) Planning Assistant Lemley stated that this is a special use permit for 24/7 Rent-a-Ride Car Rentals. He stated that existing conditions are that located on S Arkansas Ave in a C-1 Central Business District zone within Downtown, this property includes an existing structure that was previously used as an insurance office. He stated that surrounding properties are zoned C-1 and C-2. He stated that Uses within this corridor include retail, offices, and the courthouse. Planning Assistant Lemley stated that the proposed use of the property is not typically inline with the Land Uses for a Central Business District; however, it could be in this case due to its location within the district. He stated that the permitting process allows staff to ensure that the standards for Russellville are equally applied. He stated that Article 2.10 provides requirements for commercial zone building permit review to include all drives and parking, including handicap parking which shall include at least 1 van accessible parking space, sidewalks including any ramps for handicapped access, and drainage improvements. He stated that the applicant has reached out to the property owner and they are getting quotes on striping the parking lot. He stated that Article 6.1.8 provides requirements for parking dimensions. He stated that on the south side of the building there is room for four parking posts in addition to a handicap parking spot. He stated that they also have a garage that they will park their personal vehicle in. He stated that most customers will be met remotely. Staff recommends approval of this permit with the following conditions: 1. No more than 3 rental vehicles allowed on site at a time. 2. The applicant stripes their parking lot in accordance with the size requirements in Article 6.1.8. 3. The applicant submits a Flood Development Permit. As a result of the findings below: 1. The office meets commercial building design requirements; and 2. Current traffic routes are constructed in such a way to handle the traffic form the business; and 3. Public Facilities already service this location. Commissioner Choate asked Planning Assistant Lemley if this was the same business that has rentals right beside it. Planning Assistant Lemley replied that they are the same business that received a Special Use Permit last year, and that they are just moving around the corner. Commissioner Choate asked Planning Assistant Lemley if they are just moving and not adding to the business. Planning Assistant Lemley confirmed that they were just moving. Commissioner Cothren made a motion to approve the Special Use Permit. The motion was seconded by Commissioner Choate and passed unanimously. The Fourth Order of Business is a Special Use Permit to allow a Trailer Sales business in a C-2 zone, located at 215 W Tacoma. Submitted by Colton and Kelsea Grace on behalf of Emmett Barnes. (SPUP-1023-000441) Planner I Marchant stated that this is an application for a Special Use Permit at 215 W Tacoma. She stated that existing conditions are that this property is currently vacant. She stated that the applicant recently started utilizing the lot to store their trailers for sale. She stated that the property is located adjacent to a car modifying business, pet groomer, and off road tire to the north, a residential subdivision to the south, residential properties to the east, and a vacant property to the west. She stated that this property is zoned C-2 Highway Commercial with properties to the north, east, and west also zoned C-2, the residential subdivision to the south is zoned R-1 Single Family Residential. Planner I Marchant stated the proposed use of the property falls into the category of “Automobile/Truck Sales, New and Used; Motorcycle Sales and Service”, and requires a Special Use Permit within the R-O District. Planner I Marchant stated that the applicant is not proposing any real changes to the site other than the addition of the trailers. She stated there are no proposed new buildings on the site that would trigger many standards in the Russellville Zoning Code including sidewalks, landscaping, or commercial building design. She stated that building permits cannot be issued to a metes and bounds property, therefore a Property Boundary Verification is required. She stated that the applicant is proposing 7 striped hard surface parking spaces including 1 ADA spot. She stated that Article 6.1.1 (5) addresses parking for non-residential uses, and the applicant must submit a parking analysis that illustrates the site will provide adequate parking prior to business license issuance. Planner I Marchant stated that Article 6.1.5 (A) (i) addresses hard surface parking. She stated that the applicant is proposing a concrete hard surface parking pad that has adequate dimensions to allow ingress and egress for customer parking. She stated that Article 6.1.7 (2) outlines requirements for gravel storage areas. She stated that the applicant is proposing for their trailer to be contained within a gravel storage area, and they are proposing a 6’ wooden privacy fence to block view of this area in compliance with the code. Staff recommends approval of this Special Use Permit with the following conditions: Prior to business license issuance: 1. Applicant shall stripe proposed parking; and 2. Applicant shall complete sight obscuring fence; and 3. Applicant shall complete a property boundary verification; and 4. The applicant must submit a parking analysis that illustrates the site will provide adequate parking prior to business license issuance. As a result of the findings below: 1. The applicant demonstrates compliance with the regulations within Article 2.10 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. Commissioner Smith asked Planner I Marchant what kind of trailers were being sold here. Planner I Marchant stated that they were box trailers. Commissioner Jacimore made a motion to approve as presented. The motion was seconded by Commissioner Cothren and passed unanimously. The Fifth Order of Business is a APPLICATION REQUESTED TO BE TABLED BY APPLICANT Special Use Permit to allow a Billboard in a C-2 zone, located along I-40 near Exit 83. Submitted by River Valley Sign on behalf of GCK Properties. (SPUP-1023-000437) Commissioner Choate motioned to table the application. The motion was seconded by Commissioner Black and passed unanimously. The Sixth Order of Business is a Vacation of a 15’ utility easement between Lots 136 and 137 of the Western Hills Addition. Submitted by RHA Properties LLC. (VAC-0923-000428) Planner I Marchant stated that this is a Vacation of Easement at 1005 W 17th Terrace. Planner I Marchant stated that this is an existing residential home located within a developed portion of the Western Hills Addition to the City of Russellville. She stated that this property and all surrounding properties are zoned R-1 Single Family Residential. She stated that this property and surrounding properties are all single family homes. Planner I Marchant stated there are three items to consider when vacating a right of way easement. 1. What is the impact of the proposed vacation upon the “public trust functions” of the ROW? Does the vacation impair circulation, access, utilities, open space, and/or views? ● Planner I Marchant stated no, this proposal is requesting to vacate a utility easement in which the utility line was not placed within the easement. She stated that the easement runs through the house on the property as the utility line was placed further to the east. 2. What are the land use impacts regarding the vacation of the ROW? ● Planner I Marchant stated that the impact is that the property will no longer be non- conforming due to the easement running through the house. She stated that additionally, the owner will now have development rights over this portion of their property. 3. What public benefit is received by vacating the Right-of-way? ● Planner I Marchant stated that the public benefit would be that the easement will now be replatted and placed in the correct location allowing City Corporation access to their utilities. Staff recommends forwarding this application to City Council for Approval to vacate the fifteen (15) foot utility easement with the following condition: 1. The lot is replatted to include a new utility easement allowing City Corporation access to the existing sewer line that runs along the eastern property line. As a result of the findings below: 1. There is not an impact to the Public Trust, Land Use Impacts, and no adverse effects ot the Public Benefit; and 2. No objections filed by any utility company for the Vacation. Commissioner Cothren asked Planner I Marchant if the utilities were still there. Planner I Marchant stated there are no utilities in that existing easement but were placed outside the easement. Commissioner Jacimore made a motion to approve the vacation of easement. The motion was seconded by Commissioner Black and passed unanimously. The Seventh Order of Business is a Replat of Lot 137 and a portion of Lot 136 of the Western Hills Addition. Submitted by RHA Properties LLC. (ISUB-1023-000440) Planner I Marchant stated that this is a replat of the previous property. Planner I Marchant stated that the existing conditions are the same: an existing residential home located within a developed portion of the Western Hills Addition to the City of Russellville. She stated that this property and all surrounding properties are zoned R-1 Single Family Residential. She stated that this property and surrounding properties are all single family homes. Planner I Marchant stated that typically this type of incidental subdivision replatting a portion of two lots into one lot could be done at the staff level. However, staff are only given authority to approve when all of the approval guidelines outlined in the Land Subdivision and Development Code Section 5.3 are met. She stated that in this case 6.2.1 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 create a new utility easement after vacating the existing one. Planner I Marchant stated that per her Vacation of Easement staff report, this replat including the new utility easement is the result of a utility line being placed outside the platted easement and the platted easement running through the house on the property. She stated that the plat also combines Lot 137 and a portion of Lot 136 into Lot 137R. She stated that 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 5.4B. Staff recommends approving this Final Plat and acceptance of the utility 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 new proposed easement allows adequate service for City Corporation. Commissioner Jacimore asked if since they approved for the property to be replatted, why are they doing it again. Planner I Marchant stated that the last application was to vacate the existing utility easement while this one is a separate replat of the property. She stated that one is to vacate and the other is to accept the new easement. Commissioner Choate motioned to approve the application. The motion was seconded by Commissioner Cothren and passed unanimously. The Eighth Order of Business is a Zone Text Amendment to adopt proposed changes to the Russellville Zoning Code. Submitted by the City of Russellville. (ZONE-1023-000443) City Planner Jondahl stated this is a zone text amendment update for Quarter 4. She stated that this is only the third update for the year. She stated that the proposed updates are: ● Add Article 3.30 – Data Center Requirements. ● Add Article 3.31 – Noise Limitations for Businesses. ● Update the Table of Permitted Uses to include Data Centers as Special Use Permits (currently included in the category of industrial uses not listed and only permitted by Special Use – so this is for clarification purposes only). ● Add Article 3.32 – Short Term Rentals. ● Update Article 7 – closing a loophole identified regarding freestanding signs. ● Update Article 12 – Adding definitions for short term rentals, data centers, and noise limitations. City Planner Jondahl stated that the proposal for Article 3.30 (Data Centers) and Article 3.31 (Noise Limitations) are based on a proposal from the Municipal League regarding the laws adopted during the general assembly of the legislature. She stated that the language proposed aligns with those regulations and ensures that Data Centers are not treated differently than other industrial uses. She stated that the regulations proposed are in line with the applications already approved by this body regarding the Data Center that is in operation. City Planner Jondahl stated that for Short Term Rentals, the proposal is for some basic regulations ensuring that there is an active business permit which allows us to count the total number of STR’s in Russellville accurately accounting for the A & P Taxes due and obtaining contact information in the event of a code violation. Forward to City Council with a recommendation of approval as a result of the findings: 1. The Long Range Planning Committee recommends these updates to the regulations; and 2. The changes align with recommendations from the Municipal League; and 3. Allows for easier tracking regarding A&P Tax collection; and 4. Clarify regulations; and 5. The change is consistent with the objectives outlined in the ReImagine Russellville 2040 Comprehensive Plan, the Russellville Zoning Code, and the Land Subdivision and Development Code. Commissioner Choate asked City Planner Jondahl if Bitcoin mining facilities fell under “Data Center”. City Planner Jondahl stated that they are included under that definition. Commissioner Black made a motion to approve the amendment. The motion was seconded by Commissioner Choate and passed unanimously. Meeting adjourned. ______________________ Chairperson