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PC Minutes 10-5-2021City of Van Buren, Arkansas Municipal Annex 111 North 12°' Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MINUTES October 5, 2021 1. CaII To Order. The Van Buren Planning Comnssion held its monthly meeting on Tuesday, October 5, 2021, at 5:30 P.M. The meeting was held in the Van Buren Public Library meeting room. 2. Roll Call. The following Coimmissioners were present: Chairman Andy Dibble, Mark Evans, Lynne Graham, Mason Shirey, John Symonds, and Jay White. Also present were Planning Director Wally Bailey, City Inspector David Martin, Secretary Jennifer Willoughby, Chad Brixey of Brixey Engineering, Steve Franklin of Franklin Construction, and Sara Adair. Commissioners Jason Myers, Tiffany Webster, and Vice -Chairman Philip Bagby were absent. 3. Approval Of Minutes From September 7, 2021. A motion to approve was made by Commissioner John Symonds and seconded by Commissioner Jay White. The motion was approved. unanimously. 4. Legacy Creek I —Drainage Review—Brixey Engineering. A motion to approve was made by Commissioner Jay White and seconded by Commissioner Lynne Graham. The motion was approved unanimously. The Van Buren Drainage Standards, Section 2. General Design Requirements and Design Submittals; state that all designs, plans, and specification submitted to the Planning Commission for approval shall be prepared by a registered professional engineer, licensed in the State of Arkansas. The Legacy Creek Phase I development plans were prepared by Brixey Engineering and then reviewed and recommended for approval by the third party or independent engineering firm of Morrison -Shipley. Also, Chad Bracey did provide email verification that Brixey Engineering will receive a Consent to Encroach with conditions from Southwestern Power Administration for the two detention ponds in the SWPA utility easement. 5. Legacy Creek Revised Master Plan—Brixey Engineering. A motion to approve was made Uy Commissioner Mark Evans and seconded by Commissioner Mason Shirey. The motion was approved unanimously. One issue for the Legacy Creek Master Plan development is that it must have more than one way in or out of the development. Phase I shows the connection at Dava Street. The second road connection is now shown through Lot 166 at the cul-de-sac of Delta Drive and Eastridge Drive. Another issue for the Legacy Creek Master Plan development are concerns from VBMU about sewer capacity. Chad Brixey stated that the force mains were designed to allow fox upgrades. 1of3 Not related to the agenda item being discussed; member of the public, Sata Adair, spoke up with concerns about when a connecting street is going to be built between E. Northridge Drive and E. Sandstone Drive and why she wasn't made aware when she bought adjoining property that this connecting street is on the Master Street Plan. A brief discussion was given by Wally Bailey and David Martin on this particular street, and they then asked Ms. Adair to call or come by the Planning Office for further explanation if necessary. 6. Public Hearing For Annual Sidewalk Program. A mot on to approve and suggest City Council pass a Resolution accepting the Planning Commission's recommendation was made by Commissioner Lynne Graham and seconded by Commissioner John Symonds. The motion was approved unanimously. Ordirnance Number OS-1997 states that preference is given to sidewallcs around schools and along streets defined as collector and arterial on master street plan. In aprevious meeting, Brian Summerhill, Deputy Superintendent with the Van Buren School District gave recommendations from the schools to Planning Director Wally Bailey and Street Superintendent John Katstens. The First tecormnendation is the sidewalli on Northridge to facilitate the new Oliver Springs Elementaty School. The city has applied for a separate grant for those sidewalks and if the grant is received the Second recommendation from the schools is to install, repair, and add handicap ramps in the vicinity of Butterfield, King, Blakemore Fields, and Izzard properties. 7. Public Hearing To Amend The Van Buren "Coning Code Fox Non -Conforming Uses And Structures. A motion to approve this amendment and recommend the City Council pass an Ordinance amending the zoning code was made by Commissioner John Symonds and seconded by Commissioner Lynne Graham. The motion was approved unanimously. The Van Buren Zoning Code does not permit the rebuilding of a non -conforming structure that is damaged by more than 2/3 of its replacement value. There needs to be a process within the ordinance on how someone might request permission to rebuild when the structure is damaged more than 2/3 or completely destroyed. During the September 2021 Planning Commission Meeting it was agreed upon to change the threshold from 2/3 to 50% of the structure's replacement value. Planning Director Wally Bailey proposed 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 the stated amount. Any non -conforming structure damaged by less than the stated threshold can be result without a conditional use application. The Planning Commission recornmendarion is as follows: Proposed Code A structure occupied by a non -conforming use or any non -conforming structure that is destroyed or damaged of the extent that the cost of repair is more than fifty (50) percent of its replacement value as deternvned by the County Assessor shall not be replaced unless all the following conditions are met: 1. A conditional use application is presented to the planning commmission. 2. The conditional use is approved by the planning commission. 2of3 3. Construction is substantially completed and is continuing to progress toward completion within one year from date of the loss. 4. The structure shallbe adapted for the same use as the previous structure. 5. The structure built shall not exceed the bulk and area characteristics of the previous structure. S. Old/New Business Planning Director Wally BaIley stated that at the last City Council meeting several citizens expressed concerns and frustration regarding parking on the street. City Council suggested the Planning Commission discuss a forthcoming Residential Parking Ordinance to remedy the public safety issue of parking on the street and more specifically recreational vehicles being parked on streets and in yards. Chairman Andy Dibble made note that this is Commissioner Lynne Gxaham's last meeting with the Planning Commission. Everyone agreed she was a great asset to the Commission and will be missed. 9. Adjourn. A motion to adjourn was made by Commissioner Lynne Graham and seconded by Commissioner John Symonds. The motion was approved unanimously. ally y,Planning Director 3of3