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PC Minutes 9-7-2021City of Van Buren, Arkansas Municipal Annex 111 North 12 ° Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MINUTES Van Buren Public Library September 7, 2021 1. Call To Order. The Van Buren Planning Commission held its monthly meeting on Tuesday, September 7, 2021, at 5:30 P.M. The meeting was held in the Van Buren Public Library meeting room. 2. Roll Call. The following Commissioners were present: Chairman Andy Dibble, Vice - Chairman Philip Bagby, Mark Evans, Jason Myers, Mason Shirey, Jolm Symonds, and Jay White. Also present were Planning Director Wally Bailey, City Inspector David Martin, Secretary Jennifer Willoughby, Sherry and Chris Tedder of Tedder Gunnery, and Farrah Shoppach of O'Neal Real Estate. Commissioners Lynne Graham and Tiffany Webster were absent. 3. Approval Of Minutes From June 1, 2021. A motion to approve was made by Commissioner Jay White and seconded by Commissioner Jason Myers. The motion was approved unanimously. 4. Public Hearing for CUP #4-2021—Sherry Tedder, 2805 Ahna Hwy; Indoor Gun Range in C-2. A motion to approve was made by Commissioner Jason Myers and seconded by Commissioner John Symonds. Commissioner Mark Evans abstained. The motion was approved unanimously. Mrs. Tedder presented to the commission her desire to offer a luxury shooting experience that includes up to six retail spaces, as well as bring gun and shooting education to schools, host conceal/carry classes, and provide training opportunities for law enforcement and the community. Planning Director Wally Bailey stated. the Permitted and Conditional Use Legend indicates that an Indoor Firing Range is a Conditional Use in the Commercial-2 zoning district. Mx. Bailey also noted that in accordance with the requirements listed in Van Buren Ordinance No. 26-2005 as amended by Ordinance No. 6-2015, the Tedder's have provided fingerprint cards to the Arkansas State Police and submitted a criminal history report from the Arkansas State Police that indicates no criminal history. They also provided the statement that they will comply with all local, state, and federal laws, regulations, and guidelines. 5. Old/New Business a. Discussion on Article IV, Section 2, paragraph 4 of the Van Buren Zoning Code regarding Non -conforming uses and structures. 1of2 Planning Director Wally Bailey brought up die discussion for a code amendment to be placed oil the October Planning Commission voting agenda. He stated that the Van Buren Zoning Code does not permit the rebuilding of a stricture that is damaged more than two-thirds of its replacement value. The code is silent as to a process for a situation where the structure is damaged by more than two- thirds. This issue affects a non -conforming structure or a structure housing a non conforming use. Mr. Bailey is proposing an amendment that establishes a conditional use application process for any property owner that wants to rebuild a structure that is damaged by more than two-thirds. Any non- conforming structure damaged by two -thuds or less can be rebuilt without a conditional use application. Fort Smith has a similar requirement but uses a 50 percent threshold. Commissioner Jason Myers and Chairman Philip Bagby stated that the 50% of assessed value threshold would be a good amount. All commissioners agreed to malting the amendments within the zoning code regarding a non -conforming use or a non -conforming structure that is destroyed or damaged. G. Adjourn. A motion to adjourn was made by Chairman Philip Bagby and seconded by Commissioner Mason Shirey. The motion was approved unanimously, y v Wally Bailey, Planning Director 2of2