Planning Commission

PLANNING COMMISSION MINUTES April 4, 2024 @ 5:30 p.m. The Planning Commission held a meeting on Thursday April 4, 2024, 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 Shirley Hatley Cheryl Monfee Larry Smith Eric Westcott, City Council Liaison Commissioners Absent Luke Duffield Visitors: City Planner Sara Jondahl, Planner I Victoria Marchant, Hunter Mays, Greg Long, and Jane Pittman. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Planning Commission Meeting February 1, 2024. Commissioner Jacimore motioned to approve the minutes as presented. The motion was seconded by Commissioner Black and passed unanimously. The Second Order of Business is Final Plat Scenic Way Village. Submitted by Crafton Tull on behalf of Scenic Way Village LLC. (PLAT-0324-000496) City Planner Jondahl stated that this is a vacant parcel located in approximately the 1300 block of Marina Way in the R1 zone where a previous PUD had been approved. She stated that most properties within the area are large single family lots with residential homes. She stated that the Preliminary Plat was approved in June of 2023. City Planner Jondahl stated that in June 2017, the Planning Commission approved the preliminary plat for the entire 125 lot subdivision. She stated that the applicant revised the plan in 2020 to split the plat into two (2) phases and then revised the plan again into phase 1 and 2 with only 61 lots in 2023. She stated that the provisions of the LSDC have been complied with and the Certificate of Preliminary Plat Approval is still in effect. She stated that the Final Plat application indicates compliance with 19 separate items along with compliance with the previous approval for their preliminary plat. She stated that staff agree that the punch list of items are the only outstanding items and that approval of a bond to proceed with the project is acceptable. She stated that the performance bonds shall be deposited with the City prior to the Director of Public Works signing the final plat. Approve the application for the Final Plat for Scenic Way Village Ph 1 with the following conditions: 1. The Bonds for punch list items and the residential sidewalk and street trees are received prior to the plat being signed by the Planning Commission Chairman and the Public Works Director. As a result of the findings below: 1. The developer requested that the Street Tree requirement be transferred to the home builder, which is permissible per LSDC Article 10.1.2 13) A.(i). 2. The Final Plat conforms to the Final Plat requirements outlined in Section 5.3 of the LSDC; and 3. The easements are located in acceptable locations over the existing utilities and drainage ways; and 4. Construction of Residential Single Family homes is the highest and best use of the property. Commissioner Smith asked City Planner Jondahl what the size of the homes are, and she stated that the minimum size would be 1,700 square feet. Commissioner Choate motioned to approve the application with Staff’s condition. The motion was seconded by Commissioner Smith and passed unanimously. The Third Order of Business is a Large Scale Development located at 50 Joyce Lane. Submitted by Barrett & Associates on behalf of Meza International. (LSDV-0224-000481) City Planner Jondahl stated that this is a vacant parcel of land along Joyce Lane. She stated that surrounding property include Waste Management, Other Diesel Mechanic Shops, Truck Washes, Flying J, and some smaller commercial offices. She stated that all surrounding properties are zoned C2 Highway. City Planner Jondahl stated that the proposal is to allow the construction of a new 19,200 sqft diesel/automotive mechanic business on 5.13 acres. She stated that per Article 1.9.2 of the LSDC an incidental subdivision process is required and shall be complete prior to Certificate of Occupancy. She stated that Article 2. 13.3 Site Plan review is required which is lighting detail, equipment screening pedestrian circulation and dumpster enclosure will be confirmed at that time. She stated that a material sample board will be required to confirm CBD compliance. She stated that regarding Article 2.13.4 Area Regulations setbacks and building coverage are acceptable. She stated that regarding article 2.13.5 Parking Regulations, at the time of business license submission a Parking Statement or Analysis shall be provided to confirm parking compliance. She stated that they must submit a Civil Site Plan showing compliance with stormwater regulations. Approve the Large Scale Development to allow construction of a new Diesel/Automotive Mechanic on Joyce Lane with the following conditions: 1. Apply for and obtain an Incidental Subdivision; 2. Provide the statement of parking analysis at the time of business license submittal; and 3. Provide the following the application for Site Plan Review: 1. Lighting Detail 2. Material Sample Board for the MBCI FW-120 to confirm compliance 3. Utility/Mechanical equipment screening 4. Pedestrian Circulation will need to be confirmed 5. Masonry dumpster enclosure details: and 4. Submit civil site plans showing compliance with the regulations regarding drainage. As a result of the findings below: 1. The applicant received a variance for the roll up doors and the wall articulation; and 2. The applicant has expressed their commitment to adhere to the zoning regulations; and 3. The applicant demonstrates compliance with the regulations within section 7 of the Land Subdivision Development Code. Commissioner Smith asked City Planner Jondahl what she meant by Utility/Mechanical equipment screening. City Planner Jondahl stated that if the equipment can be seen from the Right-of-Way, the view must be obscured. Member Jacimore made a motion to approve the application. The motion was seconded by Commissioner Monfee and passed unanimously. The Fourth Order of Business is a Vacation of a 25’ portion of N Knoxville Right-of-Way along lots 5-8 of the Gene Renfroe Addition. Submitted by Connect Church. (VAC-0224-000480) Planner I Marchant stated that located in the Parker neighborhood this is an existing reign-of-way that runs between a platted residential subdivision and Connect Church. She stated that the right-of-way and surrounding properties are zoned R-2 Medium Density Residential. She stated that surrounding uses include single family and multi-family residential, and Connect Church. Planner I Marchant stated that there are three items to consider when vacating Right-of-Way. She stated that the first is 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 that No, this proposal is requesting to vacate a portion of undeveloped right-of way. She stated that City Corporation is requesting a 15’ utility easement in the vacated right-of-way to allow service for an existing sewer main. She stated that Entergy, Brightspeed, Summit Utilities have no objections. She stated that Altice has not responded after numerous attempts beginning February 19th. Planner I Marchant stated that the second item to address is what are the land use impacts regarding the vacation of ROW. She stated that the impact is that the property owner has development rights over this portion of their property allowing the property owner to build an awning over an existing walkway. Planner I Marchant stated that the third item to address is what public benefit is received by vacating the Right-of-Way. She stated that 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 vacation this portion of ROW by utility companies there is not an identified need in the future. Staff recommends forwarding this application to City Council for Approval to vacate the fifteen (15) foot utility easement with the following condition: 1. Retain a 15’ public utility easement for the existing sewer main. 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, just to retain a portion of the ROW as an easement; and 3. No current installations within the easement prohibiting the vacation of ROW. Commissioner Jacimore asked if the Vacation of ROW was so that they could build a canopy. Planner I Marchant stated that it was so that they could build a covered walkway to a house that they use for Bible studies. Commissioner Smith if there would be any issues with the utility easement to where they would have to tear down the awnings. Planner I Marchant stated that City Corporation is aware of future plans and they can work around the awning. Commissioner Cothren motioned to approve the application. The motion was seconded by Commissioner Smith and passed unanimously. The Fifth Order of Business is Vacation of a 60’ portion of W 13th Street Right-of-Way between Lot 4 Blk 11 and Lot 1 Blk 12 of the Southlawn Heights Additions. Submitted by Barrett & Associates on behalf of Eddie Rood. (VAC-0224-000479) City Planner Jondahl stated that this application is being brought to the Planning Commission to vacate the sixty foot ROW between lot 1, block 12 and lot 4 block 11 Southlawn Heights Addition to the City of Russellville. She stated that this is a vacant undeveloped property, although grading has commenced for the development of duplexes. She stated that this property and all surrounding properties are zoned R2 Medium Density Residential. She stated that this is primarily a mixed residential community with single family, duplex dwellings, and small scale multi-family units. City Planner Jondahl stated that there are three things to consider when vacating ROW. She stated that the first is what is the impact of the proposed vacation upon the public trust functions of the ROW, and does the vacation impair circulation, access, utilities, open space, and/or views? She stated that no, this proposal seeks to vacate a segment of undeveloped unopened right-of-way. She stated that Energy has requested the retention of a right-of way for any existing lines within this area, although Mr. Garza of Barrett and Associates has confirmed the absence of such lines. She stated that Brightspeed and Summit Utilities have expressed no objections. She stated that despite numerous attempts since February 19, 2024, Altice has not responded. She stated that both sides of the ROW are owned by Mr. Rood, who intends to replat the property to create an additional lot for constructing a duplex at this location. City Planner Jondahl stated that the second thing to address is what are the land use impacts regarding the vacation of ROW. She stated that the impact is that the property owner has development rights over this portion of the property allowing the property owner to replat the property and build a duplex at this location. City Planner Jondahl stated that the third thing to address is what Public Benefit is received by vacating the ROW. She stated that the public benefit of this action lies in returning the property to the adjacent property owners, thereby transferring all maintenance responsibilities to them. Forward this application to City Council for approval to vacate the sixty foot ROW between lot 1, block 12 and lot 4 block 11 Southlawn Heights Addition 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. Entergy requested retention of a ROW for any currently existing lines, although none have been located; and 3. No objections filed by any utility company for the Vacation. Commissioner Hatley asked if the 13th street would be vacated up to his property. City Planner Jondahl confirmed that it would be. Commissioner Hatley asked that since 13th street would still be open from South Houston, if the city would keep up maintenance of the street up to the property line. City Planner Jondahl stated that it will be. Commissioner Jacimore made a motion to approve the application. The motion was seconded by Commissioner Choate and passed unanimously. The Sixth Order of Business is Vacation of a portion of W C Street Right-of-Way between Blocks F & G of the Hall Addition. Submitted by Barrett & Associates on behalf of Jim Knight. (VAC-0224-000484) Planner I Marchant stated that located in the D Street Neighborhood this is an existing apartment complex. She stated that this property is zoned R-3 Medium High Density Residential with all surrounding properties being zoned R-2. She stated that surrounding uses include multifamily housing and vacant property. Planner I Marchant stated that there are three things to consider when vacating ROW. She stated that the first is the impact of the proposed vacation upon the public trust functions of the ROW and does the vacation impair circulation, access, utilities, open space, and/or views. She stated that the vacation of this portion of the ROW will not impair circulation and will still allow retention of the required 50’ ROW in this location. She stated that Entergy is requesting a utility easement in the vacated ROW to allow service for their existing overhead lines. She stated that CIty Corp, Brightspeed, and Summit Utilities do not have any objection to the vacation. She stated that Altice has not responded after numerous attempts beginning February 19th. Planner I Marchant stated that the second thing to consider are the land use impacts regarding the vacation of the ROW. She stated that the impact is that the trash enclosure will now be on the owner’s property and no longer be in the ROW. Planner I Marchant stated that the third thing to consider is what public benefit is received by vacating the ROW. She stated that the public benefit is cleaning up the ROW in this location. She stated that when W C Street was repaved the ROW was realigned on the properties to the south but was not cleaned up on this property. She stated that the City should have cleaned this up at that time but did not. She stated that by allowing this vacation, it will help to clean up the ROW in this area while still maintaining the 50’ ROW for W C Street. Staff recommends forwarding this application to City Council for Approval to vacate this portion of West C Street ROW with the following condition: 1. Retain a public utility easement for the existing overhead Entergy lines. 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, just to retain the ROW as an easement; and 3. No current installations within the easement prohibiting the vacation of the ROW. Commissioner Jacimore made a motion to approve the application as presented. The motion was seconded by Commissioner Smith and passed unanimously. The Seventh Order of Business is a Zone Text Amendment to adopt proposed changes to the Russellville Zoning Code. Submitted by the City of Russellville. (ZONE-0324-000497) City Planner Jondahl stated that the Long Range Planning Committee held its first quarterly meeting of the year on February 8th. She stated that the following items were forwarded to the Planning Commission for consideration. She stated that the proposed updates are: Update Article 1.14.2- Fee Schedule (Fee for signs not clearly defined). Update Article 3.12- Swimming Pools (clarified what is meant by fence for a pool). Update Article 3.28- Mobile Food Vendors (location of food vendors in ROW). Update Article 6.1.6- Driveway for residential dwellings (clarified language regarding width for duplexes vs. other residential dwellings) Update Article 12- update definition of Family regarding unrelated persons, adding definitions for occupancy disclosure statement and occupancy waiver permit. Update Ordinance 2477- Noise Ordinance to include decibel levels. Forward this application to City Council with a recommendation of approval to update the Russellville Zoning Code Articles 1.14.2, 3.12, 3.28, 6.16, and 12 and to recommend updating Ordinance 2477, the Noise Ordinance as a result of the findings: 1. The Long Range Planning Committee recommends these additions and updates to the regulations; and 2. The changes align with the intent of the language; and 3. The change is consistent with the objectives outlined in the ReImagine Russellville 2040 Comprehensive Plan and the Russellville Zoning Code. Liaison Westcott asked City Planner Jondahl if the City possessed the meter mentioned in the Noise Ordinance update proposal. City Planner Jondahl stated that the city did have possession of the noise meter that is certified, and she stated that the police department may buy some more. Commissioner Jacimore made a motion to approve the updates. The motion was seconded by Commissioner Black and passed unanimously. Meeting Adjourned _______________________ Chairperson