Planning Commission - Regular Meeting

Hello. Oh, did I ruin it? No. Hey, thank you.

All right. Thank you guys for being here. I'm going to call the February planning commission meeting to order. And uh we got a couple of housekeeping items here we need to get knocked out first. Commissioner Black, would you go ahead and take the role if you would? Miller here. Choke Mafy Hatley Duffield. Edel here. Catherine clear here. Mr. Kelly

present. We have a quorum. We have quum. All right. Okay. The uh first item up for discussion here is the election of the officers for 2026. What is your pleasure? Commissioners, I make a motion we keep the same officers that we have. I was afraid you'd say that. What was All right, we have a motion and a second to to reinstate the officers the of 2025 on for 2026. All those in favor acknowledged by saying I. I.

Any opposed? Hearing? None. The motion carried. All right. Item number two. Location of an alley between lots one through three and 10 through 12 on block eight of Madison White edition submitted by Baron Associates on behalf of Chris Olsen. Gavin, you got a staff report for that?

Yes, sir. As stated, this is a vacation of rightway of an alley at 301 South Utah Avenue. This is located within the Englewood neighborhood. Uh it is currently a single family dwelling that was constructed over the alley in question. All surrounding zoning in the property's immediate vicinity is R1 single family residential. All surrounding uses are also presumed to be single family housing. The house was purchased by Mr. Olsen. It appears to have been constructed over an alley and that alley should have been vacated prior to construction as it is considered a public rideway. Without vacating, this causes a juris jurisdictional issue as there is technically a strip of public rideway passing through an already existing private residence. The entirety of this section of alley would be vacated to Mr. Olsen as he is the only property owner on both sides of the rideway. When considering a vacation of rideway, staff must take into consideration three key questions. Uh the first being, what is the impact of the proposed vacation upon the public trust functions of the ride ofway? Does the vacation impair circulation, access, utilities, open space, and or views? What are the land use impacts regarding the vacation of the ride ofway? and what public benefit is received by vacating the rightway. What is the impact of the proposed vacation upon the public trust functions of the right ofway? Closing this alley would not impact negatively any of the affformentioned subjects as it is staff's understanding that this alley is functionally closed already due to the fact that the home is already existing. Additionally, utilities have that have responded to requests for information regarding possible impacts to their infrastructure have indicated that they have no improvements that would be impacted by this vacation. What are the land use impacts regarding the vacation of this rideway? The land use impacts from this vacation would be minimal. The alley currently runs through the middle of this pre-existing

single family residence. It is unlikely from staff's perspective that the public is currently utilizing this alley in any form or function. What public benefit is received by vacating this right ofway? The most immediate public benefit would be clarifying jurisdictional boundaries between private and public property. Because this alley has been functionally closed due to the presence of the single family residence, staff believes it would be in both the public and the property owner's best interest to provide clarity that the section of alley in question should be formally vacated. Therefore, it is staff's recommendation that the commission forward this application to the city council for approval to vacate this 120 foot portion of the 12t wide alley as a result of the findings below. that there is not an impact to the public trust, land use or effects to the public benefit and letters from utility companies provided by applicant release the use of the area to be vacated. Are there any questions for staff?

Thank you. Thank you. Dave, you got anything to add? Dave Garza with Barrett Associates. So, the house was born the year I was born. Wow, that's old.

Yeah. Wow. 1832 now. Uh 1960. So, it Yeah, it's it's a pretty old house. Um with the alley there, you know, the city maintains the alley. No one's using those alleys. But if the city were to maintain the alley, then we would ask the city to uh replace the carpet in the living room because it runs through the alley mayor and uh he's not listening. But anyhow, uh it yeah, it's it it makes perfect sense to do this because the house is already there and there's there aren't any utilities. That's all I have.

Okay. Thanks, D. Motion to approve. Okay, we have a motion. We have a motion and a second to approve this request to forward to city council. All those in favor acknowledge by saying I.

Any opposed? Hearing none. The motion carried. All right. All right. Reszoning a property R2 medium density residential to C4 neighborhood quiet business located at 500 and 502 Tyler Road submitted by Disabled American Veterans on behalf of Clarence Harbor. Thank you guys for your service. Got a staff report for us on that?

Yes sir, I do. So as stated, this is a resoning at 5502 Tyler Road. the existing conditions. This is located in the rural East City District. This is an R2zoned property. This property was previously utilized by the Arkansas Center for Music Education, but has sat vacant for several years. This location is bordered to the north, south, and east by R2Zone Properties, and it is bordered to the west by M1 Light Industrial. The property directly west of this property is zoned and used as industrial. Properties south of Sixth Street on Tyler Road are all industrial properties. Uses along Tyler Road in the industrial area include Tyson, a utility substation, and a Bitcoin mining facility. Directly behind the subject property is KBM Industrial Services. So, the applicant is requesting to reszone the property from R2 medium density residential to C4, Neighborhood and Quiet Business. The request has been submitted by the disabled American veterans who are requesting to reszone the property to serve as their new location. The DAV utilizes their building for office space, assisting disabled veterans with processing claims, monthly meetings, and food distribution. The DAV has been in communication with the city for several months um with how they could potentially move forward with utilizing this property as their new location. Many different options were considered and talked throughout the uh throughout these different conversations and the final proposal of reszoning the property to C4 was reached as an acceptable offer to both the DAV and the current property owner. Um so if you were on the commission in 2024, you may recognize this property because we did reszone it in 2024. Um, it was reszoned from M1 light industrial to R2 medium density residential for the current owner to create a duplex development on the property. The current owner has not moved forward with these plans and now intends to sell the

property to the DAV contingent upon this reasonzoning. The rationale behind the C4 zoning is that it is in line with the comprehensive plan, but would still allow the DAV to utilize the site or if the sale fell through for whatever reason, the applicant could still move forward with the duplex development in the C4 zoning. When considering a zone map adjustment, careful consideration must be made in regard to the future and current land uses of the area, the comprehensive plan recommendations, and that the request is not based exclusively upon a desire to increase the value or income potential of the property. So, first, the future and current land uses of the area. This property was historically utilized um as a small industrial use and then a music school and now again has sat vacant for several years. This area does contain a very unique mixture of land uses ranging from single family to multifamily uses to heavy industrial uses. Due to the variety of land use in the area, staff does believe a community surface service use could be appropriate in this location. This location was primarily would primarily be used as an office space for volunteers to help disabled American veterans process claims and host the chapter's monthly meetings. Staff did want to note that the DAV does monthly food distribution serving around 200 veterans. While this will likely cause an increase in traffic to the area, the food distribution does take place during work and school hours. Um, and additionally, the applicant has stated that they believe uh they can stack a pretty high volume of vehicles through a number of switchbacks behind the building. Um, and as a result, staff does not believe this once a month distribution will have too much of an impact on the traffic patterns in the area. The second thing to consider is the reimagined Russville 20 240 comprehensive plan. This piece of property and a handful of properties to the west are called out in the comprehensive plan at suburban corridor. You'll see them. It's kind of hard to tell on the screen. They're in the purple there. Um and then there's a blue that's that's kind of hard to tell

there, but the purple is going to be that um suburban corridor. The reimagine Rosville 2040 comprehensive plan states that appropriate uh zoning categories for suburban corridor are R O C2 and C4. Therefore, reszoning the property to C4, neighborhood and quiet business would be appropriate and is in line with the comprehensive plan. Additionally, the comprehensive plan states that appropriate uses for suburban corridor do include offices. So while the technical use of the on the business license for the DAV will be community service not services not listed the DAV building will primarily be used in a similar fashion to an office. Staff does acknowledge that this will be a spot zoning which is typically not something that is supported. However, the reasonzoning does fall in line with the future land use plan in the comprehensive plan um and does meet all other reszoning requirements. The third and final consideration is the value or income potential of the property. While changing a property from a residential zone to a commercial zone typically would increase the property value by virtue of potential future uses, the applicant is proposing to reszone it for a community service use and not a typical for-profit commercial use. So the applicant's request is considered recommendable by staff primarily due to the fact that the C4 zone would be more in line with comprehensive plan than the current zone and then in this unique circumstance. The current proposal for the property which is a duplex development would actually create more revenue than the proposed future use the DAV. For this reason staff does concur that the resoning request is not to increase the value or income potential of the property. As a result, staff does recommend the commission forward this application to the city council for approval to reszone the property from R2 medium density residential to see for a neighborhood and quiet business as a result of the findings below. The application is in line with existing and future land uses in the area suburban corridor. The

proposal aligns with the reimagine Russellville 20 240 comprehensive plan and then resoning to C4 uh does appear to be appropriate and in line uh and aligns again with that vision outlined in the future land use plan in the comprehensive plan. That is my staff report. Are there any questions for staff? Thank you Victoria. Thank you guys. Harry, we don't have you signed up to speak. Do you guys have any questions or have any comment or anything tonight? Okay.

Sir, if you would just state your name for the record once you get to the mic. My name is Rex Sed. I'm the commander for the disabled American veterans. I'm a 40-year veteran of the Arkansas Army National Guard and I also served in Operation Iraqi Freedom. Um, thank you for the commissioner of the board and members of the board for hearing our argument. Um, we are currently in a 1400 square foot building, block building that's over on uh South 206 South Pittsburgh Avenue. In purchasing this building, our office has grown over the years to the point where we've run out of space. This is a approximately 3200 square foot building. When you look at the design of the building and you think of the uh American Legion and the uh the Veterans of Foreign Wars building over on North Arkansas, you think of the old style 1920s um rock building. Unfortunately, we are currently in a block building. This is a rock stone building that was erected in 1926 by a young man by the name of JW Danley, Pope County Judge. JW Danley was never the Pope County judge. He was actually the sheriff ran for county judge and due to a uh discrepancy u he was uh name was taken off the ballot because of fraudulent use of the uh position that he had at the time. However, in 1920, the disabled American veterans started their operation after World War I, helping the first organization to help veterans coming back from war to obtain their benefits from the the United States at that time. Last year, the Simpson Turner Chapter 27

here in Russellville, Arkansas celebrated our 75th anniversary in this community. We want to continue that effort and in order to do so we have to enlarge our our space that we're in. This is an ideal space for us. Um it has the opportunity to expand our office space and it also gives us back to that uh nostalgic idea of being in a rock building that was established back in the 1920s. In addition to that, we also provide approximately 30 to $35,000 a year and assisting veterans with financial situations uh where they're unable to uh pay their electric bill, pay their car payment, pay their uh expenses for their uh car repairs. All this comes from the community. It comes from the community through donations and our fundraisers. We received no funding from the federal government, the state government, or the United Way Foundation. So, in order for us to establish this as our new home, uh Clarence Harper has agreed to uh sign a contract provided that we can come to an understanding if we purchase that vehicle now or that uh location now considered it as being residential, it is no use to us unless the board makes that recommendation to go ahead and and forward it to the city council. On the other hand, if we go ahead and have it reszoneed and something happens with that contract, Mr. Harper has got a piece of property that he cannot use. So therefore, we're requesting the the commission look at this as not only a another opportunity to help our veterans, but also to help our community to where we can expand our operations to

help them obtain the necessary things they need to have a better life in our community as veterans. I appreciate your time. Thank you. Any questions? Thank you. There's nothing further. I would recommend approval of the reszone as recommended by staff. Second

motion, a second for a very good cause. All those in favor of of approving this request and sending on city council knowledge by saying I. Any opposed? Hearing none. The motion carried. Yes, sir. Thank you. Last item have we have here resoning property C2 highway commercial to C3 large scale and shopping center commercial located at 2407 North Arkansas Avenue submitted by the Dells Incorporated. You got a staff report on that one?

Yes, sir. I do. Like you said, this is a resoning at 2407 North Arkansas Avenue. It is currently located within the Highway 7 interchange district. This is the former site of the Clarion Hotel. The adjacent property to the west is an America's Best Value Inn and to the east is a Philips 66 gas station. Other surrounding uses include restaurants, gas stations, hotel motel, church, and two single family homes. The property has since been purchased by the Dell's Corporation, the applicant, in order to operate multif family housing. However, this use is not permissible in the C2 zone. Surrounding zones include large swats of C2 highway commercial as well as smaller smaller pockets of C4 neighborhood and quiet business, R3 medium highdensity residential, and R4 manufactured home park or subdivision due to a former manufactured home park that is no longer present. The applicant has originally stated that their intention was to operate as a hotel motel. However, after a meeting between city staff and the applicant, the logical use type based on the city of Russellville zoning code use definitions would be dwelling or complex multif family due to the fact that the descriptions of the operations provided to city staff did not match the zoning codes definition for hotel motel. Dwelling or complex multif family is not permissible in the C2 zone, which is the current zoning of the property. The most appropriate lens to view the use that the applicant is pursuing would be affordable multif family housing that specifically caters to transient workers i.e. construction crews, traveling nurses, etc. and single individuals. In an effort to work with the applicant in finding a path forward for their operation, city staff recommended pursuing a reszoning from C2 highway commercial to C3 large-scale and shopping center commercial as this could be more in line with the long-term goals

of the district according to the comprehensive plan. When considering a zone map amendment or resoning, staff must take into consideration the three key questions. future and current land use of the area, the reimagined Russellville 2040 comprehensive plan, and value or income potential of the property. Currently, the southern half of the Highway 7 interchange district is predominantly comprised of hotel, motel, gas stations, and restaurants. Bordering specifically to the south of the subject property begins the University Place District which nearby comprises of two single family dwellings, a church, Bonadia trails and wildlife sanctuary and further south the loft apartments. The current zoning map for this area is somewhat of a patchwork indicative of the increased development activity in this area over the past several years due to the presence of another apartment complex some 750 ft south of the subject property as well as other uses that could be complimentary to the C3 zone i.e. restaurants, gas service stations, etc. A C3 zone could be appropriate in this district and match the current land use patterns of the area. Um if you will look at the screen, these are just a couple of figures denoting the current zoning map as well as the um prescriptions um given in the comprehensive plan, you will note that the large swath of C2 on the left hand side um is where the subject property is currently located and it lines up with the suburban center uh prescription on the right hand side. And you can see that patchwork of of zoning just south of the property. Um, one final figure or other figure here. Um, this is where C3 is currently permitted in the city or zoned in the city. There are only a few small pockets um, all north of Main Street. Um, reimagine Russellville 2040 comp plan. According to the comp plan, the

prescription for this subject property as well as most of the Highway 7 interchange district south of I40 is Suburban Center, which recommends the C3 large scale and shopping center commercial zone or the C5 highway commercial casino zone. Given the location, C3 would make the most logical sense in this case. Ideally, Suburban Center would serve as a highintensity commercial area that services surrounding residential uses and features pedestrian amenities. However, the table of permitted uses in the zoning code would also support higher density housing in the C3 zone. Staff would also like to note that this zone map amendment would constitute a spot zoning. However, since the target zone of C3 is directly in line with the comprehensive plan, this resoning should still be considered wellounded. Given the already existing higher intensity of the southern half of the highway 7 interchange and the suburban center prescription for the property, moving the property from C2 to C3 could be appropriate in this case. Uh this is as it is written in the comprehensive plan. Um the large there it is intended to be the largest commercial center in the city with expansive parking lots, box stores that connect each shopping center to make a large network of pedestrian amenities. Um, it also notes at the bottom related zoning is C3 or C5. Finally, value or income potential of the property. Generally speaking, moving from a lower intensity zone to a higher intensity zone does increase the value of a property due to the fact that that typically expands the possible commercial uses of the property. Moving from C2 to C3 would on paper likely have the effect of increasing the value of this property. That said, the former use of the property as a hotel motel would likely have a higher revenue potential than the current target use of this property dwelling or complex multif family as night bynight rentals usually generate more revenue over time than long-term annual leases. Further, the

leasing options provided by the applicant may be competitive with other rental market prices in Russellville. Therefore, staff cannot say that short-term profits or increasing the property value is the applicant's goal with this resoning. Therefore, it is staff's recommendation that the commission forward this application to the city council for approval to reszone the property from C2 to C3 uh based on the following or with the following conditions, excuse me, that the applicant adjusts their city of Russellville business license from hotel motel to dwelling or complex multif family. based on the findings below that the application is in line with existing and future land use uses within the area. The proposal aligns with the reimagined Russellville 2040 comp plan and that the reszoning 2C3 large scale and shopping center commercial appears to be appropriate and aligns with the vision outlined in the 2040 comprehensive plan. Are there any questions for staff?

Thank you, sir. Is anybody We don't have anybody signed up to speak, but if anybody'd like to Okay. Yeah. Go ahead. State your name for the record when you get there. Please.

Well, good evening. My name is Mark Swallow. I'm the uh COO for the Dell's company and I'd just like to tell you a little bit about of our about our company uh from a high level. Uh as you can see, I've brought my team with me over here. If anybody has any questions, we would like to be able to field or answer those for y'all. And also just to show you the commitment that we have pursuing this endeavor. Uh we came in from Mountain Home, Arkansas tonight. We've been in business since 2018. We've renovated over 3,000 doors, 70 properties in 45 cities and five states. Our mission is to revitalize older rundown properties in the city, therefore transforming them into something you would be proud of. Not only do we support local businesses throughout the community, we provide affordable housing without relying on HUD. And also, we fill a need for transient guests such as traveling medical professionals, contract workers who don't always need to commit to a one-year lease in Russellville. So far, not only have we invested millions in the property that we are referring to, we take pride in the appearance and the perception within the community. We ourselves have purchased properties from other hotels, motel, owners that have been run down. They're not maintained. It's they go in, they buy them, they lease them, and for them it's all about the profit. For us, it's not as much about the profit as it is being able to fulfill that need and providing a nice, respectable place uh for our tenants and the community. We've also partnered with ATU with the sponsorship for game day shirts and we will continue to remain involved in the communities with your assistance today. We look forward to working with you and moving forward while helping generate city revenue to help everyone in assisting uh or achieving the

reimagining Russellville 2040. Does anybody have any questions for us? What kind of percentage of occupancy are you looking at? In most of our facilities, we run anywhere between 90 and 95%.

All right. Thank you. Okay. Thank you. Anybody have any questions? I have a question for Chief Setian.

Had to come. Um, this is this is a conspiracy because Gavin wanted to make sure I was here. Oh, I didn't know. Um, the property was rehabbed as a mo hotel motel. Is there any difference in the life safety codes for uh residencies as opposed to hotel motel?

No. In the occupancy classification, we look at extended stay. Extended stay is defined as non-transient and extended stay hotels and apartments are in the same classification. So when we looked at the upgrades and the way they do life safety, it it all applied the same. So that didn't make any difference to us. I'm so loud. Anyway, um actually I think that the past owners were doing this already even though it was a hotel as the clarium, wasn't it? Because I thought there were transient people living there like coming in and renting for a month or two at a time. Was that not the case? I I'm it's not going to make any difference, but I I just thought I just thought that I knew of like ANO people that rented there for long periods of time,

even if it was considered a motel. Yeah. So, that may be the case. Um I will say there's just some slight differences in that. Um even if it was like a month or two rental, this is going to be an extended period of time where there's like a contract and stuff like that. So that's kind of where the difference comes in is the Clarion would still have like a night by rental offering whereas the Dells are not going to have that if that makes sense. All right. What is your pleasure?

Motion to approve. Okay. I I would second the motion to approve as presented. U I would like us to make sure that we are looking at this process and what has transpired and happened here. um whether it's a long range planning committee or some other committee of the planning commission to ensure that our process has a framework that we can allow our city administrators to be able to function and govern a process like this because I do think it has created a little bit of confusion for you guys. Correct.

That is correct. Yes. and and staff is in agreement that this should be addressed at the next long range planning commission committee, excuse me. We have a motion. We have a second. All those in favor of approving this and send it on city council acknowledge by saying I. Any opposed? Hearing none, the motion carried. All right. And if we have no further business, we're journ.