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Planning Commission Minutes November 7, 2017City of Van Buren, Arkansas Municipal Annex 111 North 12'h Street 9 Van Buren, Arkansas 72956 PLANNING COMMISSION MINUTES November 7, 2017 The Van Buren Planning Commission held its monthly meeting on Tuesday, November 7, 2017 at 5:30 P.M., in the City Council Room of the Municipal Complex. Members Present — Chairman Andy Dibble, Vice Chairman Philip Bagby, Mark Evans, Lynne Graham, Tiffany Webster, John Symonds, Jay White and Jason Myers. Others Present Joseph Hurst, Planning Director, Julie Copple, Planning Commission Secretary, David Martin, City Building Inspector and Candice Settle, City Attorney. The first item on the agenda was to approve the minutes from the previous meeting. A motion was made by Jason Myers and seconded by Jay White to approve the minutes. The motion was approved unanimously. Next item on the agenda was for a public hearing for Board of Adjustments, variance #9-2017, James Schneider, 3006 East Pointer Trail, Van Buren, AR. Mr. Schneider addressed the commission requesting a variance to the fencing ordinance. Mt. Schneider would like to put a 6' fence around his enty e property for security purposes. Mr. David Martin had concerns about emergency responders approaching a house with a 6' privacy fence on the front of the house. Some suggestions were to build a 4' wooden fence with 2' of wrought iron on top, and to pull back 20ft from the road along 40ft section close to road to help line of sight around the curve. A motion was made by Philip Bagby and seconded by Lynne Graham to table valiance#9-2017 until the December meeting. Mr. Schneider will check with the police and fire departments to find out what kind of fence he could build in front of house that would meet with their approval. The motion was approved unanimously. Next item on the agenda was for a public hearing for Rezone#7-2017, M&G Development, Todd Mooney, 106 S. 40ffi Street, Van Buren, At. Chairman Andy Dibble referenced a letter addressed to the Planning Commission from the neighbor living at 110 S. 40`s Street, stating they ate against the rezone, due to decrease in property value and apartments being detrimental to the neighborhood. Mr. Mooney addressed the commission explaining the plans to build 10-11 apartments, 2 bedroom, single -story. Jason Myers expressed drainage concerns. Mark Evans was concerned about having all the houses in the neighborhood and then suddenly in the middle of a neighborhood a row of apartments. Chairman Dibble expressed the same concerns of an apartment complex in the middle of a neighborhood. A motion was made by Mark Evans and seconded by Jay White to deny the . rezone application due to the land being incompatible with adjacent land and expressed neighborhood opposition. The motion was denied unanimously. The next item on the agenda was for a public hearing for Conditional Use Permit#3-2017, Ben Holohan, 22 S. 15s' Street, Van Buren. Mr. Holohan addressed the commission concerning his online home based business. Mr. Holohan will be selling firearms and sporting good items. Most items will be shipped directly to the home, so very little foot traffic or vehicles at the house. Chairman Dibble asked the city if they have received any feedback from community. The city had received a call from the Alcohol Tobacco and Firearm (ATF) Agency. Mr. Holohan will also be required to obtain a city business license. A motion was made by Philip Bagby and seconded by John Symonds to approve the conditional use permit#3-2017. The motion was approved unanimously. Next item was for approval of amendment on the Sidewalk Ordinance#10-2015 to the City Council. This will allow us to continue with funding of sidewalks and administratively make the decision to build or pay in lieu of. The amendment to the ordinance will read as follows; "Amending Section 3 of Ordinance #10-2015, Applicability. At the discretion of the Planning Department, applicants may submit a fee payment to the sidewalk construction fund in lieu of sidewalk construction. The amount of the fee will be determined as the actual dollar value of sidewalk construction for sidewalks that are required. The dollar value of the sidewalk improvements will be determined by the project engineer and approved by the Planning Department. Should the applicant desire to appeal the Planning Department's determination of the fee -in -lieu, the appeal would be made to the City of Van Buren Planning Commission for a final determination. Donations to the sidewalk construction fund may be accepted where: a) the required sidewalks are along an existing street that has no existing sidewalk network; or b) the Planning Department determines the construction of a sidewalk is not feasible. When a fee payment to the sidewalk fund is accepted, the sidewalk assessment portion of the building permit fee required by Chapter 9.40 of the Van Buren Municipal Code will not be required for the initial permit on any of the individual lots within the subdivision. All subsequent permits for improvements on the individual lots will include the sidewalk assessment portion of the building permit fee. A motion was made by Philip Bagby and seconded by Jason Myers to approve the amendment. The motion was approved unanimously. A motion was made by Jason Myers and seconded by Lynne Graham to adjourn the meeting. Dibble, Chairman Joe H "t, Planning Director