PC Minutes 11-07-2023City of Van Buren, Arkansas
Planning Department
1003 Broadway • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
November 079 2023
1. Call To Order. The Van Buren Planning Commission held its monthly meeting on Tuesday,
November 07, 2023, at 5:30 P.M. The meeting was held at the Van Buren Municipal Complex in the City
Council Chambers,
2. Roll Call. The following Commissioners were present: Chairman Andy Dibble, Vice -Chairman
Philip Bagby, Mark Evans, Missy Hefner, Jason Myers, Mason Shirey, Jay White, and Nathan Wilson.
Commissioner Tiffany Webster was absent. City Staff present were: Planning Director Wally Bailey, City
Inspector David Martin, and City Attorney Jacob Howell.
Present for Agenda Item #4: Vanessa Guyer representing 7Brew. Present for Agenda Item #5: Jackson
Goodwin of Mickle Griffin LLC representing Guzzle Soda. Present for Agenda Item 46A: Denise Paxton
at 1104 Solitude Drive. Present for Agenda Item 613: Chad Cox of Empire Construction and Joe & Keli
Brown of TEI Properties,
3.
Approval Of Minutes
From October 03, 2023. A motion to approve
was made
by Commissioner
Jason
Myers and seconded by
Commissioner Mason Sauey. The motion was
approved
unanimously.
Recess Planning Commission Meeting
Convene Board of Zoning Adjustment
4. Variance #7-2023—Lot 2A Lake Louemma Addition —Brandon Sebald/7Brew Franchisee;
Requesting Variance from Ordinance No. 1-2006 Addressing Requirements. A motion to approve
was made by Commissioner Nathan Wilson and seconded by Commissioner Mark Evans. Commissioner
Mason Shirey abstained. The motion was approved unanimously by remaining Commissioners.
Ordinance No. 1-2006 requires address numbers be placed on the front entrance side of the building and
the front door must face the street to which it is addressed. This variance will allow 7Brew Coffee to place
the address numbers on the building wall parallel with Fayetteville Road, since there is no door facing the
street, which should allow for emergency services and others to find the property.
5. Variance #8-2023—Lot 4B-1B4 The Plaza—Mickle Griffin LLC/Guzzle Soda; Requesting
Variance from Ordinance No. 1-2006 Addressing Requirements. A motion to approve was made by
Vice -Chairman Philip Bagby and seconded by Commissioner Jason Myers. The motion was approved
unanimously.
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Ordinance No. 1-2006 requires address numbers be placed on the front enhance side of the building and
the font door must face the street to which it is addressed. This variance will allow Guzzle Soda to place
the address numbers on the building wall parallel with Pointer Trail East, since there is no door facing the
street, which should allow for emergency services and others to find the property.
Recess Board of Zoning Adjustment
Convene Planning Commission Meeting
6. Public Hearing for Annual Sidewalk Program Fund:
A) Recommendations for Sidewalk Projects. A motion to approve recommendation to the City
Council was made by Commissioner Jason Myers and seconded by Vice -Chairman Philip Bagby. The
motion was approved unanimously.
Denise Paxton spoke to the Commission about how dangerous and busy the area of Durango Drive is for
pedestrians, especially the part of Durango Drive between Solitude Drive and Vail Drive. Commissioner
Myers made the motion to recommend adding sidewalks from Pointer Trail along North 16"' Street to
Breckenridge Drive then along Durango Drive all the way to Legacy Blvd to the annual sidewalk
program's list of projects. Commissioner White asked to prioritize the area of Durango between Solitude
and Vail as part of the motion.
B) Payment In Lieu Of Sidewalk Construction Cost Amendment. A motion to approve
recommendation to the City Council was made by Commissioner Jason Myers and seconded by Vice -
Chairman Philip Bagby. The motion was approved by a vote of six for and one against.
Because the cost of construction and materials has significantly increased since the $20 in lieu of sidewalk
construction cost was implemented by Ord. No. 05-2020, the Commission agreed to recommend
amending the Sidewalk Ordinance to increase the payment amount to $50 per linear foot.
Much discussion was held between the Commission, Chad Cox of Empire Construction, and Joe & Keli
Brown of TEI Properties concerning the cost of sidewalk construction and how the two different sidewalk
funds are used. All three builders present at the meeting voiced their frustration with the rising price of
building sidewalks and the payment in lieu of sidewalk construction becoming cost prohibitive for their
business. Mr. Brown stated that he feels the sidewalk fund and the payment in lieu of fund is not doing
enough towards building and/or maintaining the city sidewalks. Mr. Brown told the Commission that he
intends to ask City Council to pass a City Tax to pay for sidewalk construction and maintenance instead
of builders having to pay into the existing sidewalk funds. City Attorney Jacob Howell asked if there is
an ability to not pay in lieu of when it is cost prohibitive. Mr. Bailey answered that the applicant can
appeal the payment in lieu of to the Planning Commission.
7. Public Hearing for Amendment to the Municipal Code's Minimum Requirements for
Building Permits. A motion to approve recommendation to the City Council was made by Vice -
Chairman Philip Bagby and seconded by Commissioner Nathan Wilson. The motion was approved
unanimously.
The Municipal Code's requirements for the application and issuance of building permits need to be
amended as they do not reflect current practices and do not include all the minimum requirements needed
to apply for a building permit. These amendments should reduce any confusion regarding the minimum
requirements to ensure we have enough information to determine if the project meets the minimum
requirements of the City Codes,
8. Public Hearing for Amendment to the City of Van Buren Flood Damage Prevention Code.
A motion to approve recommendation to the City Council was made by Vice -Chairman Philip Bagby and
seconded by Commissioner Mason Shirey. The motion was approved unanimously.
This amendment is to address items identified during a recent audit by a Community Rating Specialist.
The current Flood Damage Prevention Code does not require machinery or equipment (HVAC) be
elevated to at least I foot above the base floor elevation for residential buildings newly constructed,
substantially improved, and/or reconstructed due to substantial damage. These regulatory improvements
will increase our credit points which could create a flood insurance premium reduction.
9. Old/New Business. Planning Duector Wally Bailey noted that Chairman Andy Dibble will be
stepping down from the Commission after 26 years of service. Mr. Bailey asked the Commission to submit
any potential replacement candidates by December.
10. Adjourn. A
motion
to adjourn was
made by
Commissioner Jay White and seconded by
Commissioner Nathan
Wilson.
The motion was
approved
unanimously.
4Anibb , Chairman
6
Wally Bailey, Planning Director
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