Board of Adjustment - Regular Meeting

All right, guys. We're going to go ahead and call the uh April Board of Adjustment meeting to order. Um we'll start with our normal housekeeping items here. Um you want to take the attendance for us? Yes. Wend Miller here. Josh Strad here. Justin Cthine absent. Wayne Cummings here. TL clear here. We have corn.

All right. You guys had an opportunity to look at the minutes from last month. What's your pleasure? I move we accept them as presented. Okay. Second. We have a motion and a second to approve the minutes from our last meeting. And all those in favor by saying I.

I. I. And any opposed hearing? None. The motion carried. Okay. Don't have any old business. So item number one, variance from article 6.1.6 to allow a 55 foot wide driveway despite the 40ft maximum allowed located at 46 Bradley Cove Road. Submitted by Bluewell Development LLC on behalf of Quick Truck Wash Incorporated. Victoria, you got a staff report on that?

I do. So just our normal refresher item um what we have to look for when we're reviewing a variance. So first that the applicant demonstrates that special conditions and circumstances exist which are peculiar to the land structure or building involved. Uh two, no non-conforming use of neighboring land, structures or building shall be considered as grounds for a variance. Three, the board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land. Four, the board of adjustments shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the zoning code. Five, in granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning code. And then last, under no circumstance shall the board of adjustment grant a variance to allow a use not per permissible under the terms of this code in the district involved. So with that, our first item is at 46 Bradley Cove Road. The existing conditions. So again, this is located at 46 Bradley Bradley Cove Road within the East Main Commercial District. This is currently an unutilized lot. There are currently six warehouse type buildings on site. However, it is evident at this time they're not being regularly utilized by the property owners. The south half of the property that fronts Bradley Cove Road, Bradley Cove Road is zoned C2 Highway commercial and the north rear half of the property is zoned C5 Highway commercial casino district. South of the property is entirely zoned C2 and north is entirely zoned C5. Surrounding uses include another truck stop, a truck wash, and an RDOT facility further west. North of the property are a series of open fields currently owned by Legends Resort and Casino. In our review, the applicant is

proposing a 55 foot wide driveway despite the 40 foot wide uh driveway maximum to be placed on the eastern end of the property in order to accommodate the wider turning angles taken by semi-truckss as they enter and exit the truck stop. After conversations with our city engineer and staff, um we do believe that a 55 foot wide driveway placed on the east side of the property uh could be supported as it may reduce traffic pressure along Bradley Cove Road by allowing for direct more direct turn angles by trucks accessing the site. Staff does believe the applicant has demonstrated that special conditions do exist. Um, due to the current traffic levels on Bradley Cove Road, they could definitely benefit from the wider turn angles that would be possible with a wider driveway. Per preliminary site plans, this driveway would only lead to a rear truck servicing and fueling portion of the facility and not the main personal vehicle servicing area, therefore limiting conflicts with large semi-truckss and smaller personal vehicles. Additionally, in those conversations with the city engineer, it was discussed that the truck traffic um from Interstate Avenue, which leaves the other truck stop across the street um onto Bradley Cove, frequently hits the curbs on either side. Uh that uh drive there, that Interstate Avenue is approximately 40 feet in width at this intersection. And again, 40 feet is the maximum allowance of a driveway width uh for commercial zones. Allowing that 55 foot driveway would accommodate for this truck traffic while ensuring public rights of way and curbs are not damaged. Lastly, this portion of Bradley Cove drops down to two lanes and allowing for a wider driveway would allow for safe safer turning movements for the trucks as they turn onto Bradley Cove and also protect protect existing drivers traversing Bradley Cove. It is for these reasons that staff does believe special

conditions exist to justify this variance. It is staff's recommendation that the board of adjustment approve this variance request based on the findings below. The applicant has demonstrated that special conditions exist and the applicant has met all other variance requirements. Are there any questions for staff? Okay.

Thank you. Is there anybody here that has not signed up to speak on behalf of this or are all minds clear? You would state your name for the record, please. Jared Coleman, Bluewell Development. Um, don't have a whole lot to add. Just uh just wanted to say I'm here if any questions or any information is needed and look forward to look forward to being a part of the city of Russellville. Thank you.

Commissioners, it's your pleasure. I make a motion to approve the variance. Second. Okay, we have a motion and a second to approve this variance. And all those in favor acknowledge by saying I. I. I. Any opposed? Hearing none. The motion carried.

Okay. Item number two, we have a variance from article 4.1 regarding fence heights requirement on and article 5.5.4 regarding irrigation located on Hobnob road submitted by infra on behalf of Cherokee Nation Entertainment. You have a staff report for us on that? Yes, sir. We do.

Um, as stated, this is a variance off of Hobnob Road from the uh articles 4.1 and articles 5.5.4. Um, if this looks familiar, the existing conditions, it's because we did look at their large scale development plans um last month. Um, currently this is located off the southeast portion of Hobnob Road adjacent to the Weir Road development area. This is currently a vacant field. The property is zoned C5 highway commercial casino district. The site is surrounded to the north and east by C5 zoning and to the south and west by C2 highway commercial zoning as well as a small M1 light industrial zone caddy corner to the southwest of the property. Surrounding uses include an ARDOT facility, Mobly Concrete, a former TLI facility, and other open fields that are owned by Legends Resort and Casino Arkansas. The applicant notified staff that the city's requirements for maximum fence heights of 6 foot is not in line with the National Electric Code. Per the National Electric Code Article 110.31, outdoor electrical installations that wish to be in compliance with the NEC must be either 7 feet in height or 6 feet in height with a 1 ft of three plus strand barbed wire or equivalent material. It is staff's view that compliance with the NEC is in both the city's as well as the general public's best interest in this instance in terms of maintaining public safety that and that a variance of this caliber could be supported in this scenario. Excuse me. In order to minimize impact, this variance will be varying from the fence height requirement only and will not allow for the installation of barbed wire. Uh applicant also notified planning staff that plans created for this project have no need for water utilities due to the nature of the future use that is a utility substation solar array. There is a hydrant across the street from the proposed site on Hobnob Road. In order to meet landscaping

requirements, the applicant is requesting to forego the requirement that irrigation systems be installed that would help to establish landscaping plants. applicant has agreed to install native flora that are listed on the city of Russellville's recommended native plant list. Uh there have been side conversations that the species selected should be drought tolerant or droughtresistant species. Examples of drought tolerant tree species native to northern and central Arkansas would include but are not limited to the Kentucky coffee tree, Schumer oak or the shortleaf pine. And examples of drought tolerant shrub species native to northern and central Arkansas would include, but are not limited to, the American beauty berry, Carolina buckthornne, or the deciduous holly. The granting of this variance would not exempt the applicant from the planting warranty period of 3 years and would therefore still require the applicant to keep the plants alive for at least three years to allow the plant to establish itself. Per the warranty period outlined in article 5.5.2, Two, vegetation planted or preserved according to an approved plan shall remain alive for a minimum of three years from the date of certificate of occupancy. Vegetation that is planted or preserved that does not remain alive for 3 years shall be replaced with the equivalent vegetation. Per the Arkansas Game and Fish Commission native gardening website, even native plant species that are drought tolerant or resistant may still need frequent watering in the first year in order to allow the plant time to establish. It will remain the applicant's responsibility to ensure plants survive this establishment period. Plant species utilized should be draw drought tolerant or resistant species native to Arkansas in order to minimize chances of failing to establish. Applicant has demonstrated that special conditions do exist for varying from article 4.1. The NEC requires per article 110.31 that outdoor electrical installations possess a 7 foot fence or 6 foot of fence plus 1t of barbed wire. And this project may be contingent on compliance with pertinent codes. Staff does not wish to change the city's zoning code in order to comply with the national

standard. And it is staff's belief that these special conditions would be best reconciled via the variance process on a case-by case basis. For varying from article 5.5.4, Four staff believes special conditions are indeed demonstrated due to the fact that a typical solar array does not necessarily require the use of a water utility. Requiring that the applicant expend resources to get water directly to the site solely for the purposes of irrigation could be considered excessive again since no water utility is required otherwise for the operation of the proposed use. In light of this, it is staff's recommendation that the board of adjustment approve this variance request with the following condition. that the species of trees and shrubs used in landscaping plans are drought tolerant or droughtresistant species native to Arkansas. Based on the findings below, that the applicant has demonstrated that special conditions exist and that the applicant has met all other variance requirements. Are there any questions for staff?

Thank you, sir. Yes, sir. Thank you. Is there anybody You would state your name for the record, sir? Yes, sir. My name is Jordan Tinsley. I'm a vice president of development at INFA. Um, it's good to see some of you again. As Gavin mentioned, we were just here not too long ago. Um, definitely appreciate the staff's recommendation on these two variances. Certainly support those. uh happy to answer any questions you guys may have and excited to get the project moving.

Thank you, sir. Thank you. I move we approve the variance with the uh f with the conditions that are attached. Okay, we have a motion. Do I hear a second? Second. Okay, we have a motion and a second to approve this with the attached um the notes attached to this motion. All those in favor of approving this motion say I. I.

Any opposed? Hearing none, the motion carried. All right. And if there's no further business, we're adjourned.