PC Minutes 8-4-2020� ! i
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111 IN 12'h Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
Van Buren Public Libxaxy
August 4, 2020
The. Van Buren Plannaig Commission held its monthly meeting on Tuesda}�, August 4, 2020 at 5i3(l
P.M., in the Van Buren Public Library meeting room, due to the Covid-19 outbreak and CDC
guidelines, we were able to obtain the 6 foot distancing. Planning Director Wally Bailey did roll call
for the commission. Mason Shirey, Lynne Graham, Mark Evans, Chairman Andy Dibble, Vice
Chairman Philip Bagby, John Symonds, Jason Myers and Jay White were present. Tiffany Webster
was absent. Also present were City Inspector David Martin, Planning Director Wally Bailey and City
Attorney Candice Settle. Others present were Chad Brixey, Willie Mooney, Kendall Hogan, Ivan
Hoffman, Brad Hill and Ragen Clements.
The first item on the agenda was to approve the minutes from the last meeting. A motion was made
by Jason Myers and seconded by Philip Bagby to approve the meeting minutes. The motion was
approved unanimously.
Planning Commission recessed and the Board of Adjustments convened
Next item on the agenda was for a public hearing on Variance#2020 from the Current Church,
Kendall Hogan, Elite Roofing representing the church. The Planning Director, Wally Bailey, asked
the commission that both variance and conditional use permit be heard at the same time due to the
requests being related. The Planning Director stated to the commission that the proposal submitted
by the church was to provide a covered structure over the parking lot. But, for the church to do that,
there are 25' setbacks required in the I-1 (Idght Industrial Zone). According to the application, the
following are the requested setbacks: Vine Street: 8.6 feet variance;. 4`h Street; 5 feet from right of
way and/or property line; On the alleyway 12'8" feet from the property line is requested. Mr.
Kendall Hogan represented the Current Church, approached the commission, and stated one of the
reasons for requesting a variance was because of COVID 19, and not being able to meet inside and
maintain proper social distancing. The outside structure would allow this social distancing, and since
we are not sure when we will be able to meet inside church again the outdoor covering would help is
tremendously. Chairman Dibble asked if this was going to be enclosed. Mr. Kendell stated it would
not be enclosed. Commissioner Mark Evans asked what the covered structured would be made of
and how it will be built. Some concerns were about visibility when turning on Vine Street to 4'
Street because of the structure. Chairman Dibble suggested maybe limiting the coverage on the 4`h
Street, and possibly keeping that 25' setback. Commissioner Jason Myers was concerned about
setting precedence. Planning Director Wally Bailey suggested the commission could put conditions
on the variance. Some concerns were stated about 4"' Street being a state highway with easements
and right of ways. A motion to deny the variance was made by John Symonds and seconded by
Jason Myers. The denial was unanimous.
Adjourn Board of Adjustments and Convene the Planning Commission
Mt. Wally Bailey, Planning Director, stated the Conditional Use Permit the church applied for was
based on that same site plan as the variance, to allow the construction of a cover. Chairman Dibble
asked Mr. Hogan what the church would want to do now, and he stated he would like to table the
pernvt until he could speak with the Curtest Church pastor and board. The CUP was tabled until
next meeting.
Next item on the agenda was a public heating discussing a Zoning Ordinance text amendment
add ng mini storage to the Permitted and Conditional Use Legend. Wally Bailey, Planning Directot,
stated he had Iecenly rmetwith an invcstor about a proposed nnu-storage facility. The Van But ell
Zon ng Code does not include this particular land use to the I'(:rmitted and Conditional Use I egeud
(PCUL). The proposal for the Planning Commission's consideration is for you to recommend the
City Council consider an amendment to the Zoning Code that will; '1) establish a definition for miru-
storage facility and; 2) determine and establish the zoning districts for mini -storage facilities hn the
PCUL. Mr. Bailey stated that m n-storage facilities should be considered as a permitted use in the
C-2 (Thoroughfare Commercial District) and (I-1,I-2) Industrial Districts. A motion was made by
Jason Myers and seconded by Mark Evans that the Planning Commission recommend the following
to the City Comncil: Definition "Mini -storage warehouse means a complex of small storage units
which are rented or leased and which are arranged to be individually accessible to the lessee or
renter, and recommends the mini -storage facilities be a permitted use in zones C-2, I-1 and I-2. The
motion was unanirnously approved.
The next item on the agenda was hegacy Valley, Phase 8, Preliminary Plat, Chad Brixey from Brixey
Engineering. Wally Bailey, Planning Director stated the proposed Legacy Valley Phase 8 preliminary
plat has been submitted by Brixey Engineering. The proposed plat includes a portion of Legacy
Boulevard that was recently added to the Master Street Plan as a Collector II street. An original
preliminary plat design had the proposed local street extending to Oliver Springs Rd. The proposed
preliminary plat has a dead end/cul-de-sac design. A variance for the length of the dead end/cul-dc-
sac is required and a variance is required for the Lots 12-15 since they have sole access from a
Collector street. The preliminary plat shows the parent parcel that includes the proposed
preliminary plat of Tract A and Lots 1-30 and a Tract B which is a Future Phase. A variance has
been requested for the length of the cul-de-sac. Mr. Bailey stated that section 4 of the Van Buren
Minimum Street Standards states "Maximum length of a dead-end street and cul-de-sac is 600 feet"
Giving consideration that Legacy Boulevard East will be the opportunity for two ways we still have a
cul-de-sac that is too long. My method of measuring is from the center line of Legacy Boulevard
East at Pagosa Drive to the center of the terminating cul-de-sac. The dimensions on the plat are
201.92 phis 649.34 which equal 851.26 which indicates the dead end/cur-de-sac is 251.26 beyond the
maximum length set by Minimum Street Standards which is 600 feet. As a dead end/cul-de-sac the
Fire Code limits the number of single-family structures to thirty. More than thirty will require all the
houses be sprinkled, The Future Phase Tract B) cannot be developed as single family until the full
extension of Legacy Boulevard East is completed. The recently approved amendment to the
Subdivision Regulations and Access Ordinance do not permit lots for single family/duplex
developments with access on Arterial and Collector Streets. This requirement and the current
situation are inevitable, understandable, and should be considered with the review of this variance.
Lots 12-15 have frontage only have frontage on Legacy Boulevard East, the Collector Street, Lots
11 and 16 have frontage on the Collector and the new local street therefore no variance is required.
The driveways for lots 11 and 16 must be on the local street. The Planning Director, Wally Bailey
recommended the variance be approved conditioned on a requirement that the driveways on Lots
12-15 include a turnaround on the lots. The construction of Legacy Boulevard East must comply
with the Collector Street requirements. The existing right of way between lots 23 and 24 of Legacy
Valley 7 is 50 feet wide. We have discussed this and determined that for this short section it is
acceptable to construct the required 32-foot-wide street in the 50-foot row. A 15-foot utility
easement outside the right of way is already platted contiguous with the 50 foot right of way to aid
with the utility extensions. The Planning Commission should require the construction of sidewalks
on both sides of Legacy Boulevard East along the frontages of Lots 23 and 24 of Legacy Valley 7.
Normally sidewalks are built with new house construction. The houses on these two lots have
already been built. Chad Brixey, Brixey Engineering, approached the commission to discuss the plat
presented. Chairman Dibble asked why not develop lots to Oliver Springs. Mr. Brixey stated with all
the utility casements, it did not leave a big enough lot size. A motion to deny the plat and variances
was made by Jason Myers and seconded by John Symonds. Philip Bagby abstained. The motion to
deny was carried.
Next on the agenda was for Highland Hills South, Phase III. Wally Bailey, Planning Director, stated
to the Planning Commission is was out of our planning jurisdiction. No action taken.
Next item was for Legacy Place, Phase I, Final plat, Brixey Engineering. Planning Director Wally
Bailey stated all required plans, construction, drainage, street, etc., have been submitted to the city
for review and approved. A motion by Jolm Symonds and seconded by Jason Myers to approve the
plat. The motion was unanimous.
Motion. to adjourn by Jason Nlyers and seconded by Lynne Graham
Dibble, Chairman Wally Bailey, Planning Director