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PC Minutes 10-03-2023City of Van Buren, Arkansas Planning Commission 1003 Broadway • Van Buren, Arkansas 72956 PLANNING COMMISSION MINUTES October 03, 2023 1. Call To Order. The Van Buren Planning Commission held its monthly meeting on Tuesday, October 03, 2023, at 5:30 P.M. The meeting was held at the Van Buren Municipal Complex in the City Council Chambers, 2. RoII Call. The following Commissioners were present: Chairman Andy Dibble,. Vice -Chairman Philip Bagby, Mark Evans, Missy Hefner, Mason Shirey, Tiffany Webster, and Nathan Wilson. Commissioners Jason Myers and Jay White were absent. City Staff present were: Planning Director Wally Bailey, City Inspector David Martin, Commission Secretary Jennifer Willoughby, Fire Marshall Mickey Landers, Fire Chief Tim Arnold, and VBMU Director Steve Dufresne. Present for Agenda Item #4 & #5: Applicant Gentry Wahlmeier of Wahlmeier Law Firm representing Crawford CountyConservation League, Jered Medlock, Kevin Bell, Joe McDaniel, Lisa Huckelbury Fort, Bill Taylor, Chip Marrin, Adam Simmons, Lisa K. Robinson, Steven Kite, Stephanie Espinoza, Priscilla Surls, Mike & Judy Deffenbaugh, Jim Lansdell, and David Riniker. Present for Agenda Item 46: Applicant Howard Simmons of Impact Construction Solutions and Tony Anderson of Anderson Surveying. 3. Approval Of Minutes From September O5, 2023. A motion to approve was made by Vice - Chairman Philip Bagby and seconded by Commissioner Tiffany Webster. The motion was approved unanimously. 4. Lot 1 Lake Louemma Addition —Crawford County Conservation League/Wahlmeier Law. A. Annexation Request. A motion to approve recommendation to City Council with the stipulation that City Council assure themselves that they have the authority to annex the property was made by Commissioner Missy Hefner and seconded by Commissioner Tiffany Webster. The motion was approved 4 for, Commissioner Mark Evans voted against the motion and Vice -Chairman Philip Bagby and Commissioner Mason Shirey abstained. B. Rezone 49-2023—Zoning Request from Un-zoned to C-2 Thoroughfare Commercial District. A motion to approve recommendation to City Council was made by Commissioner Tiffany Webster and seconded by Commissioner Mark Evans. The motion was approved with 5 for, 0 against and Vice -Chairman Philip Bagby and Commissioner Mason Shirey abstained. 5. Lot 2A Lake Louemma Addition —Crawford County Conservation League/Wahlmeier Law. 1of3 A. Annexation Request. A motion to approve recommendation to City Council with the stipulation that City Council assure themselves that they have the authority to annex the property was made by Commissioner Tiffany Webster and seconded by Commissioner Missy Hefner. The motion was approved by a vote of four for, Commissioner Mark Evans voted against the motion and Vice -Chairman Philip Bagby and Commissioner Mason Shirey abstained. B. Rezone #9-2023—Zoning Request from Un-zoned to C-2 Thoroughfare Commercial District. A motion to approve recommendation to City Council was made by Commissioner Tiffany Webster and seconded by Commissioner Nathan Wilson. The motion was approved by a vote of five for and Vice -Chairman Philip Bagby and Commissioner Mason Shirey abstained. The annexations for these two lots were recommended but not without significant discussion. Vice - Chairman Philip Bagby expressed concerns whether the City had the authority to annex the property. Mr. Bagby brought up a discussion that occurred with the City approximately 20 years ago when City Attorney Candice Settle adamantly claimed that the City "could not" annex the Lake Louemma property. He asked attorneys Jared Medlock and Gentry Wahlmeier what has changed that we now have the authority to annex the property. Much discussion followed but there was no answer to Mr. Bagby's concern. Mr. Bagby suggested they might table the item giving the applicants time to research the question. Eventually there was a motion to approve to forward the annexation to the City Council with the stipulation that the City Council assure themselves that they have the authority to annex the property. Also discussed was the Schedule of Services included in the annexation petition that says within three years, trash services as well as water and sewer services will be extended to the subject property. Chairman Andy Dibble asked Jared Medlock whether he understands that the City of Van Buren and Van Buren Municipal Utilities do not provide trash services and that the cost of extension of water/sewer services is the responsibility of the developer. Jered Medlock stated yes he understands and exceptions have already been made to clarify that. 6. Rezone #11-2023-1101 & 1107 Poplar Street and Parcel #700-08213-000—Impact Construction Solutions; Requesting one from R-2 Family Residential District to a Planned Zoning District (PZD). Commissioner Mark Evans made a motion to deny recommendation to City Council. No motion to second was made. A motion to approve recommendation to City Council with the condition that developer provide landscaping or screening was made by Commissioner Mason Shirey and seconded by Commissioner Nathan Wilson. The motion was approved by a vote of five for, with Commissioner Mark Evans voting against the motion. Vice -Chairman Philip Bagby abstained. The proposed development is for eight two -bedroom duplexes and two one -bedroom duplexes. The requested PZD is in lieu of an R-3 Multi -Family Residential District. This PZD limits the property to duplexes and the proposed setbacks are reduced compared to R-3 setbacks. The developer, Impact Construction Solutions, agreed to dedicate ROW on Poplar Street and N. 101h Street to match the Master Street Plan, Impact Construction Solutions also agreed to perimeter landscape or fencing as needed. The Fire Department approved the development with the driveway turnaround. Commissioner Mark Evans stated he is against this PZD because the development will be a radical change compared to the surrounding single-family homes and this will add a lot of extra traffic on to an already busy area of Poplar Street. 7. Amendment to Subdivision Regulations. A motion to approve recommendation to City Council was made by Vice -Chairman Philip Bagby and seconded by Conunissioner Tiffany Webster. The motion was approved unanimously. The amendment will require flood plain boundaries to be added to final plats. 8. Old/New Business —Planning Director Wally Bailey told the Commission he will be working on the following items for the November Planning Commission Meeting: A. Sidewalk Program B. Drainage C.Floodplain Ordinance 9. Adjourn. A motion to adjourn was made by Vice -Chairman Philip Bagby and seconded by Commissioner Mason Shirey. The motion was approved unanimously. /�� Wally Bailey, Planning irector 3of3