Planning Commission - Regular Meeting

And uh we'll go ahead and start with our normal housekeeping item. Mr. Catherine, you want to take a roll for us? Miller here. Black Monty Hatley. Duffield. Choke. Edgel here. Clear here. Catherine present. Mr. Keller present. We have a quorum. We have a quorum. All right. Okay. We've uh everybody's had an opportunity to look at the minutes from our October meeting. What's your pleasure? I move to place them on file. Ma'am second. Okay. All right. We have a motion and a second to approve the minutes from the October meeting. All those in favor of nausea saying I.

I. Any opposed? Hearing none. The motion carried. All right. We're no old business or uh new business here. We got a special use permit to allow daycare family home in a R1 zone at 5920 North Arkansas submitted by Shelby Struber. Dylan, you got a you have a staff report on that? Yes, sir, we do.

This is a special use permit at 5920 North Arkansas Avenue. Um, currently the property is located within the North City Spur and an R1 single family residential zone. The property is located just south of the Dover Russellville city limits. Surrounding uses include a single property to the north zone C2 highway commercial and the rest of the surrounding uses being single family homes in an R1 zone. Before the applicant acquired the property, the property was previously used as a residential home daycare facility that likely operated outside of compliance with the city zoning code. As the applicant has noted, the facility operated well above the five child maximum for residential home daycarees facilities. Another daycare historically operated on property caddy corner to the applicant's property. However, it is no longer in operation. The zoning code has recently been updated to allow a daycare family home via special use permit in the R1 zone. The proposed use of the property being a daycare family home as opposed to a residential home daycare could be in line with land use in this district. The table of permitted uses states that this is permissible via special use within single family residential zones. The applicant previously acquired a special use permit to allow a child care center at this location. A child care center does not allow the operator of such facilities to reside on premises. The applicant is now seeking a special use permit for a daycare family home to allow them to reside at the residence and keep greater than five children on site. The applicant is not proposing any changes to the property at this time and therefore is not triggering any requirements such as commercial building design, landscaping, etc. The applicant's property has a large driveway with large areas for off- streetet parking with sufficient parking for staff and parents dropping off or picking up children at any given time. This application upholds all relevant regulations for child care facilities as laid out in article 3.5 of the Russellville zoning code. The use should

be defined as a daycare family home due to the fact that the applicant is intending to reside on the premises. The applicant will comply with all regulations laid out in article 3.5, in particular article 3.5.12, as well as laws and regulations administered by the Arkansas Department of Human Services Childare Licensing Unit. Therefore, is staff's recommendation for approval of the special use permit to allow operation of a daycare family home as a result of the findings below. The proposed special use preserves the character of the neighborhood. The applicant demonstrates thoughtful design complementing neighboring uses. The applicant has submitted a sufficient parking analysis. The applicant demonstrates compliance with the regulations within article 2.3 and article 3.5 of the Russellville zoning code. And finally, the proposal promotes orderly development and support the intent of the zoning code. Are there any questions for staff? Okay.

Is there? Yes. It says instead of I'd like to know the line. Absolutely. Yes, ma'am. on the other side of

Yeah, absolutely. Um, that is just standard language for anything that's going to be a special use permit. We have to consider it as something that could be in line. Um, not something that necessarily, you know, is or isn't. So, saying it could be in line for all intents and purposes means that this is something that's appropriate for this district. So when we use that language, it something could be for for us that means it it fits within the character of the um district.

So if it was a use that didn't require a special use, it would just be is in line. Yes. So if it didn't require a special use permit, anything that is outright permitted by the code, yes, as Justin said, would be in line. Um, anything that is a special use, we consider it something that could or could not be in line with with the area. So, it's not something that, you know, necessarily by saying could be means that it's not. Um, kind of on the contrary, if it wasn't something that was appropriate for the area, we would say could not. So, like could be in line and then an understood with a special use permit that was just like omitted from it.

Yes. Yes. So the

so the code was actually just updated um I believe it was in September. Um there was a change brought that allows a daycare family home which is 5 to 16 kids I believe is the um adopted use um to be permitted via special use permit in the R1 zone. So that's what they're applying for today. Um, and I believe in that code adoption, um, we also changed it to where a child care center, which would be a commercial center, um, is not, uh, any longer permitted in the R1 zone, even by special use permit. So, um, it was one of those things where they had to kind of jump through several hoops because of the way the code used to be. And we, um, we did do some changes to the code to reflect what we thought, um, was more common sense, I guess, would be the right word. Yes. Any other questions?

All right. Okay. Thank you. Before we before we move on, I have been asked to remind everybody when you when you do step up to the microphone, be sure that you're for us up here, make sure your microphones are on when you speak, but also to be sure you speak into them and you're clear. So anyway, Mr. Keller had asked me to mention that. So anyway, Mrs. What's your pleasure? Everything good with y'all? Motion to approve. Second. We have a motion and a second to approve this this request. All those in favor acknowledge by saying I.

Any opposed? Hearing none. The motion carried. All right. Item number two, special use permit to allow drive-thru restaurant in a C4 zone at 916 North Arkansas Avenue submitted by Brahms Incorporated. Tori, you got a staff report?

I do. Um, so this is uh, as stated, a special use permit at 916 North Arkansas Avenue um, for Brahms. This is currently a vacant lot in a developed commercial corridor with both offices, retail, and restaurants in the vicinity located adjacent to Little Caesars, Cathy's Flowers, an office building, and Fast-Pac Health Urgent Care. Uh, additionally, a residential neighborhood is located adjacent as well. Um, this location, uh, for those of us who have been around here for a long time, um, was the previous location of Long John Silvers. The property is zoned C4 neighborhood and quiet business with surrounding zoning being C2 highway commercial and C4 to the north, R3 medium density, medium high density residential and C4 to the south and C2 and C4 to the west. The proposed use of the property being a restaurant drivein or through would be uh in line with the land uses in the C4 neighborhood and quiet business zone. Uh this proposal does meet the intent uh of the section uh article 3.22 commercial building design. Uh article 3.22.5 addresses commercial building design standards. Staff um will confirm that the applicant is meeting all commercial building design standards that kind of get into the nitty-gritty regarding facade materials, articulation, entrances, and utility screening um prior to building permit issuance. Article 3.23 23.13 uh requires sidewalks with new construction or improvements that increase the value of the property by more than 50%. Um so sidewalks are required and are shown on the site plan along all three frontages of the property. Article 4.3 does address privacy fence requirements for commercial developments abuing a residential use or zone. Um and as stated there is that residential

development there to the east. Um and the proposed development does include a six-foot privacy fence on the east side of the property. Article five addresses landscaping which is shown on the plans. Um the applicant did get approved for variances to the landscaping um in our 5:00 board of adjustment meeting. Um so since those variances are uh approved at this point um the landscaping they have proposed is in alignment with those variances. Um, article six outlines parking requirements. The proposal does include 58 parking spaces with three ADA spaces uh provided. The ADA space locations are appropriate and have striped aisles showing circulation to the doors. The applicant must confirm adequate parking with the business license application um in the form of a parking analysis. So, as a result of all of this, staff does recommend approval of the special use permit to allow operation of a drive-through restaurant with the following conditions that they would comply with the conditions of their variance that was approved earlier this evening. And this is as a result of the finding that the proposed development does align with the intent of article 3.22. Uh, and the use is appropriate within the commercial corridor. The applicant demonstrates thoughtful design complementing neighboring uses and the applicant demonstrates compliance with regulations within article 2.10, article 5, article six of the rest of zoning code and the proposal promotes orderly development and supports the intent of the zoning code. Are there any questions for staff?

Thank you. Do we have anybody that'd like to speak on behalf on this request here? We've uh we didn't have anybody sign up, but our signup sheet was up here and not where it was. It usually is. So, if anybody else if anybody here has any comment or whatever, feel free commissioners. What's your pleasure on motion to approve? Okay. Second. We have a motion and a second to approve this request. All those in favor by saying I.

Any opposed? Hearing none. The motion carried. All right. Item number three. Minor subdivision for Hunt Estates located at 111 Amy Lynn Place. Submitted by Stanley and Faith Hunt. Gavin, you have a staff report on that? Yes, sir. Um, this is an incidental subdivision at 111 Amy Lynn Place. Um, currently this is a vacant property that is planned. Oh, I'm sorry.

Sure. Yeah. Um, my understanding is that an incidental subdivision is a um just a singular subdivision or a small subdivision from a larger parcel. Okay. Um, again, this is a vacant property currently that is planned for the development of a new single family home along Amy Place. Um, Amy Lin Place is a short paved street that outlets to Hilltop Drive to the east. Uh, the area is in the R1 single family residential zone surrounded by single family homes and empty wooded lots. Currently, empty lots are intended to be developed into single family homes. Under normal circumstances, this type of incidental subdivision can be approved at the staff level. However, staff is only granted this authority to approve this type of incidental subdivision when all approval guidelines laid out in the land subdivision and development code article 6.2.1 are met. In this case, 6.2.12 2.12 is not met as it states no vacation of streets, alleys, setback lines, access control or easements is required or proposed. This application is to dedicate approximately 25 ft to ensure that the right ofway for Amy Place is of sufficient width. The dedication includes 25 ft from the center line and the remaining paved width on the opposite side of the street. as a survey we have indicates that the current owner owns portions of the entire paved width of Amy Lynn Place. This application is also to dedicate approximately 30 feet to ensure that rideway along Hilltop Drive is of sufficient width. This would be approximately 30 ft west from the center line of Hilltop Drive. When the city of Russellville annexed this portion of the city, Hilltop Drive was already in existence. Although right-ofway had not been granted or transferred to the county or the city, new proposed subdivisions of land or

development along Hilltop Drive, where right-of-way has not been dedicated, will need to dedicate rightofway sufficient for their half of the ride ofway adjacent to their property. The proposal includes a dedication of approximately 30 feet along the eastern property line and an acceptable alignment of for Hilltop Drive as the property owner does not own any portion of the paved width of Hilltop Drive. The legal description is correct and closes per our GIS department and upon approval of this final plot will submit the final survey with accurate dedication information provided in compliance with the LSDC as outlined by article 5.3 regarding the final plan. Therefore, it is staff's recommendation that the planning commission approve this incidental subdivision request based on the findings below that the final plat conforms to the final plat requirements outlined in article 6.2.1 of the LSDC. The ride ofway being dedicated is adequate for the street section now and with any future sidewalk or trail improvements in the future. And finally, residential development is the highest and best use of this property. Are there any questions for staff? Thank you.

Thank you. All right. What's your pleasure, folks? Any questions? Anybody have any comment on this? But

okay, we have a motion to approve. Do I have a second? Second. All right, we have a motion and a second to approve this request as presented. All those in favor by saying I. Any oppose? Hear none. The motion carried. Yeah. Go ahead. Okay. All right. Item number four, preliminary plant for Windwood Gardens located at 1100 block of South Vancouver. Submitted by Baron Associates on behalf of Rude Construction Incorporated. Victoria, you got a staff report?

I do. Um, so as stated, this is a preliminary plat in the um 1100 block of South Vancouver Avenue. The existing conditions, this is a vacant parcel located in approximately the 1100 block of South Vancouver. Um, this was previously a wooded lot that was cleared after it was reszoned to walkable neighborhood earlier this year. Most of the properties within the area are R1 single family uh residential zoned lots with residential homes on them. The applicant is requesting approval of a preliminary plat for a 37 lot subdivision on which they are proposing to build single family homes. The property was reszoned earlier this year to walkable neighborhood as the property owner desires to take advantage of the smaller front yard setback in the WN zone to allow for rear parking and a more aesthetic streetscape. Pardon me. Um, so instead of going through my entire lengthy staff report that you guys have in front of you, um, I am just going to be touching on really um, the conditions of things we kind of still need to get rectified um, before we can really move forward with this. So um, again, these are the things that we will require um, kind of resubmitted um, for us to get approval, final approval I guess. Um, so three comments will need to be addressed prior to the final plat regarding the covenants and restrictions. Um, those are laid out in the staff report. Nothing too crazy, just some scriveners errors on those. Um, the street that runs through the subdivision, Statatler Loop, um, has been sent over to Pope County 911 and we are still uh, waiting for that to be approved prior to construction beginning on the subdivision. Um, but I did hear back from them today and they said they should, uh, get back to the city within a week or so on that. So, um, should should have an answer on that pretty

shortly. Um, sidewalks are required along the entire frontage of the subdivision. Um, and so they were not shown along the West 12th Street frontage, so that is something that we're going to need shown. The applicant must provide a master drainage plan showing positive drainage away from each building pad um on each individual property and indicate private drainage easements where necessary to repa retain positive drainage. Um and all utility easements need to be shown and graded out to the master drainage plan. And those two comments were per the engineering department. Um a planting screen easement of at least 10 feet um which there's a 20 foot uh setback shown is required. The planning commission at your discretion may require a planting screen or six-foot ornamental fence or wall which it will appropriately screen and be harmonious with the residential neighborhood. Um given that all the properties located with double frontages back up to West 12th Street and their backyards above the road, aesthetically a six-foot ornamental fence would be appropriate um and should be constructed by the developer in a manner that does not impact site clearance. Um so the condition there would be to submit plans as part of the construction documents that include a construction of a sixoot ornamental fence or wall along lots 16 through 23. um and then submit a landscape plan demonstrating that at least 90% of the lots within the subdivision are sufficient size to support the residential tree requirement. Um as the developer has requested to defer the street tree requirement to the home building stage um which transfers the street tree to a residential tree that is located in the front yard. So staff does recommend approval of the preliminary plat with the following conditions. that the applicant submit uh revised construction drawings containing corrections noted in the staff report review comments listed as quote application requirements requirements and quote preliminary plat uh end quote

prior to beginning any construction activity on the project. Um and then per engineering um the 1595 cubic yard of storage identified on page three of three of the Waco of the drainage report will need to be constructed below the weir elevation of the Waco pond and the site will need to be vegetated when complete. The exact location of excavation can be finalized during the construction level review. This is as a result of the findings that the application submitted conforms with the application requirements outlined in 4.2.1 of the uh land subdivision development code. Uh the application meets the area requirements outlined in the rest of zoning code. The roadway has adequate capacity to handle the additional traffic load and construction of residential single family homes is the highest and best use of this property. Are there any questions for staff?

Thank you. Appreciate it. Hey, you got anything you want to add? Anything on the on this request? as a part of the uh recommendations. State your name for the record, sir, if you don't care. I was ask your name for the record, please.

Chris Taylor with Barrett and Associates here in Russellville. Uh as a part of the recommendations from the uh planning review, uh our question is that on the particular element of the ornamental fencing being placed by the developer along 12th, will that be required by the developer or will that be required by the homeowner once that home is constructed and bought? You don't have to get up. Just I'll um my understanding is that the code requires that of the Okay, that's that's the only thing we have. We just wanted to make sure we get clarity there. Okay.

Yes, ma'am. Um, is that the section of V does that section of Vancouver also have the median? That section does still have the median.

And what kind of access will vehicles have in and out of that subdivision? uh you'll have two uh two actual uh ingress egress roads coming off of Vancouver. Uh if you're coming from the roundabout going towards going north, uh access through the median, uh we haven't made plans to cut into that median or make road cuts. I'm not sure that that'd be a factor that we want to do there. It would actually slow down traffic if through that area and that's what everybody wants. You don't want a whole lot of traffic going in and out of there in front of everybody everyone's house. Maybe make the cul the the roundabout and come back into the subdivision if you were on the opposite side of Vancouver.

Okay. Thanks, Chris. Appreciate it.

Any other questions for staff or for uh Barrett or anybody? Motion to approve as presented. Okay. Let's don't fight over it now. Okay. All right. We have a motion and second to approve as uh approve the request as permit as presented. All those in favor saying I. Any opposed? Hear none. The motion carried. Okay. Um item number five. Um Gavin, you want to go ahead and just fill us in on item number five?

Sure. Yep. Um item number five is our quarter 4 zone text amendments. Um the long range planning committee meets quarterly to review and periodically update the zoning or land subdivision and development codes. On November 3rd, the long-range planning committee met to discuss proposed changes. The following items were recommended by the committee to be advanced to the planning commission for consideration. Article 1.1 or excuse me, article 1.12 uh the extension of land use authority. Uh this update has been made to repeal the section of the zoning code allowing for extr territorial jurisdiction i.e. the planning boundary in compliance with Arkansas legislative act 314 of 2025. Article 3.14.12, new auto repair. This update is to create a consistent aesthetic standard for auto repair garages when compared to other businesses or services that utilize rollup doors. Article 5.12.2 tree preservation credits. Credit options reduction in required trees. This update is to close a loophole and explicitly disallow tree preservation credits from applying to landscape islands in parking lots. Article 7.4.13 temporary signage. This update is to increase allowable square footage for temporary signs to provide flexibility for larger retailers. Article 7.8 digital signs. This update is to allow digital signs in C4 neighborhood and quiet business via special use permit. It is staff's recommendation that this application be forwarded to city council with the recommendation of approval in regards to the updates to articles 1.12, 3.14.12, 5.12.2, 7.4.13, and 7.8 of the Russellville zoning code based on the findings below. The

long-range planning committee recommends these additions and updates. The updates provide clear guidance to staff. The changes are consistent with the objectives outlined in reimagine Russellville 20 240 comprehensive plan and the Russellville zoning code. Are there any questions for staff?

Thank you, G. Thank you. Commissioners, talk to me. What's your pleasure?

Have a motion. Do I hear a second? Second. We have a motion and a second to forward this to city council for approval. All those in favor acknowledge by saying I. Any opposed? hearing. None. The motion carried. And if that's it, we are adjourned. And everybody have a great Christmas and we'll see you