PC Minutes 10-1-2019City of Van Buren,
Arkansas
Municipal Annex
111 North 12 Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
October 13 2019
The Van Buren Planning Commission held its monthly meeting on Tuesday, October 1, 2019 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, John Symonds, Jay
White, Lynne Graham and Mason Shirey. Others Present -Wally Bailey, Planning Director, David Martin,
City Building Inspector, Candice Settle, City Attorney and Karen Hines.
The fast item on the agenda was to approve the minutes from the last meeting. A motion was made by
Lynne Graham and seconded by Mason Sh rey to approve the meeting minutes. The motion was approved
unanimously.
Next item was a plat review for Sun Valley Acres, Lots 25A, 25B and 25C, Satterfield Surveying. Ricky Hill
was not present, property owner, Karen Hanes was present. Ms. Hanes stated to the commission she is
dividing the property to have brother and possibly her parents build new homes on the tracts. The survey
shows Sun Valley Lane and Sun Valley Estates have dedicated 50' ROW on the survey. A motion was made
by John Symonds and seconded by Jay White to approve with the condition to add ROW note on the north
side of Sun Valley Lane. The motion was approved unanimously.
The next item on the agenda was for a public hearing on amendments to sections of the zoning code.
Planning Director, Wally Bailey, stated to the comet ssion the city staff recently met w th some ind viduals
about a proposed homeless shelter designed to help certain individuals readjust to society. The Van Buren
Zoning Code does not include this particular land use in the Permitted and Conditional Use Legend (PCUL).
The proposal for the Planning commission's consideration is to recommend the City Council consider an
amendment to the Zoning Code that will establish definitions for homeless shelter and also determine and
establish the zoning districts for homeless shelters in the PCUL. Mr. Bailey has researched the comparable
requirements form the cities of Fort Smith, Little Rock, Conway and North Little Rock. Fort Smith and Little
Rock have similar definitions. Conway and North Little Rock do not define homeless shelters. The Little
Rock ordinance establishes some additional criteria in addition to the basic conditional use criteria. A
significant criterion included is the definition of the neighborhood as all properties lying within one thousand
five hundred (1,500) feet of the proposed site. Most traditional neighborhoods have blocks of about 300 feet.
The L500 feet represents approximately a five (5) block circle around the proposed site. The purpose of this
distance is not to deny the application but to evaluate the proposed site based on its potential impact on the
neighborhood. The Planning Director suggests the Planning Commission consider recommending a
definition comparable to Fort Smith and Little Rock, his preference being Little Rocks definition. Also, to
recommend Homeless Shelter as a conditional use in C-2, I-1 and I-2 zoning districts and to consider any or
all of the additional criteria included in the Little Rock Ordinance. Commissioner Bagby recommended this
sentence be removed "Unless the commission determines that a different area is more appropriate, a
neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred
(1,500) feet of the site for which the permit is requested." Commissioner Bagby also suggested we define and
nclude transitional housing in the same commercial zones C-2, I-1 and I-2, proposed for the shelter. A
motion was made by Philip Bagby and seconded by Mark Evens to submit ordinance with these changes to
City Council. The motion was unanimous.
Ncxt item on the agenda was item 3b, Amendments to Article VI and Article IX of the zoning code
concerning the conditional use and rezoning procedures. Planning Director Wally Balley stated the Arkansas
Code has specific language with regard to public notice and amendments to the zoning ordinance and upon
reviewing the zoning code he noticed some sections that needed to be revised. A summary of the proposed
amendments are as follows:
a. Both the conditional use and the rezoning publication requirements state the publications must be
published at least thirteen (13) days prior to the public hearing. However, A.C.A. 14-56-422(1)(B)
requires the notice of public hearing be published one time fifteen (15) days prior to the hearing.
b. Article IX Zoning Code Amendment and Rezoning of Property need several clarifications
regarding the procedures for a text amendment and a map (rezoning) amendment. A.C.A. 14-56-
416(a)(2) says the ordinance shall consist of both a map and a text. Procedures for amending
either the text or the map need to be clearly articulated in the ordinance.
c. Paragraph 1 as proposed will clarify that text amendments can be initiated by more than just the
City Council. The Planning Commission, Planning Director or a citizen may request a text
amendment.
d. Paragraphs 2A through 2G include changes to help clarify the procedural difference between a
text amendment and a map (rezoning) amendment. Some of the paragraphs apply only to a
proposed zoning procedure while others apply to both a text amendment and a rezoning. The
intent is to make it clear the applicability of the section.
During the discussion of the amendments, the Planning Commission proposed [wo additional amendments.
The two additional amendments are as follows:
1) Article IX Section 4 (condttlaaaluses) requires the applicant to submit a site plan on 8'/z x 12 inch
paper. The Planning Commission proposal is to change to the common paper size of 8 '/a x 11
inch paper.
2) Article IX (2)(A) currently requires an application fee of $275.00 to the City Treasurer to cover
the cost of public notices and related expenses. The Planning Commission proposal is to change
the fee to $275.00 plus all additional associated costs. The additional costs would be the cost of
public notices.
A motion was made by Lynne Graham and seconded by John Symonds to submit ordinance with proposed
changes to City Council. The motion was unanimous.
A motion was made by Lynne Graham and seconded by Jay White to adjourn.
(YI`
Andy ibble, Chairman
Wally Bailey, Planning Director