PC Minutes 11-2-2021111 North 12'h Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
November 2, 2021
1. Call To Order. The Van Buren Plantung Commission held its monthly meeting on
Tuesday, November 2, 2021, at 5:30 P.M. The meeting was held at the Municipal Complex in the City
Council Chambers,
2. Roll Call. The following Commissioners were present: Chairman Andy Dibble, Vice -
Chairman Philip Bagby, Mark Evans, Jason Myers, Tiffany Webster, and Jay White. City staff present
were Planning Director Wally Bailey, City Inspector David Martin, Secretaty Jennifer Willoughby, and
Street Superintendent John Karstens. Connissionet Mason Shirey, Commissioner John Symonds,
and City Attorney Jacob Howell were absent.
Present for Agenda Item #4: Chad Brixey of Brixey Engirieerutg, Willie Mooney, Cameron. Hubbs,
Maurice and Dee Hubbs, Jennifer Oliver, Brittany and Melissa Oaldey, Cliff Hubbs, Scott and Sarah
Jackman, and Tammy Ledbetter. Present for Agenda Item #5: Ricky Hill of Satterfield Surveyors,
Willie 1\Iooney, Darlene Bowers, and Melinda Wynn. Present for Agenda Item #6: James Damron of
Risley Architects, Eric Pearson, Cody and Amanda Deaton, and Joshua Lane. Present for Agenda
Item #7: Kendall Hogan and Steve Gann of The Current Church.
3. Approval Of Minutes From October 5, 2021. A motion to approve was made by
Commissioner Jason Myers and seconded by Commissioner Jay White. The motion was approved
unanimously.
4. Legacy Cottages —Development Review—Brixey Engineering for WD Builders
LLC. This agenda item was withdrawn by Chad Brixey of Brixey Engineering.
Planning Director Wally Bailey stated the proposed plan is for a multi -family development comprised
of 15 duplexes or 30 dwelling units. Listed below are some of the review comments from City and
Utility Departments:
* The right-of-way for the future Legacy Boulevard street must be dedicated in compliance
with the Master Street Plan. The r/w cannot be used to construct a private road or private driveway
for access. Without the street, Lot 2 will have no access. The road needs to be constructed as a
condition with this plat approval.
* The proposed private drive from Oliver Springs Road is 864.75 feet in length. If this was a
public street it would be too long per the City's Minimum Street Standards which permit a maximum
length of 500 feet. The Fire Code will only permit a fire apparatus access road over 750 feet with
special approval.
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* 'There is still a question regarding who will provide water and sewer distribution to the
development VBMU has indicated this property is in the Concord Water District. Coordination
between VBNRI and Concord Water will be necessary for the fire protection water, potable water, and
sanitary sewer.
* A drainage plan is needed for Planning Commission approval before final plat approval.
* The development plan shows a proposed private sanitary sewer force main casement
between Lots 16 and 17 of Legacy Valley Phase 7. An off site easement should not be shown on plat
unless acquired.
*There are remaining utility easement requirements from individual utility companies.
Chairman Lindy Dibble stated there are a number of issues remanning with this development that need
to be resolved, including who will provide water and the lack of a drainage plan. Commissioner Mark
Evans asked who will maintain the private road. Vice-chairman Philip Bagby also stated the private
road is a problem and that it needs to be 26 feet wide, not 24 feet wide. Commissioner Jason Myers
voiced his concerns about the drainage since wetlands are all around the development. Commissioner
Jay White noted this plan shows the same excessively long street that the Commission has repeatedly
denied in the past.
Chad Brixey of Brixey Engineering asked the Commission what he needed to do to get this plat
approved. Chairman Dibble stated diatwater service, drainage, and i mproper road size among other
contingencies need to be addressed prior to the Commission taking action. Mr. Brixey withdrew the
agenda item.
5. Public Hearing For Rezone #2-2021-406 N. 7"'—Satterfield Surveyors for Willie
Mooney; C-2 to R-3. A motion to table this agenda item was made by Commissioner Mark Evans
and seconded by Comm ssioner Jay Wh te. The motion was approved unanimously.
Planning Director Wally Bailey presented to the Commission that the applicant's letter says the
purpose of the rezoning is to allow three (3) duplex buildings to be built on the property. Future
intent is to submit a subdivision plat showing 1 lot instead of 3 lots. The proposed R-3 zoning is not
consistent with the Single Family/Duplex classification on the Master Land Use Plan Map for this
area. Should the Planning Commission and the City Council approve this rezoning, a future
amendment to the Master Land Use Plan Map will be required.
Commissioner Jason Myers mentioned that the property is in a very visible and high traffic location;
he feels duplexes or subdividing the property isn't the City's long-term goal.
Darlene Bowers, of 410 N. 7"', spoke to the Commission about how dangerous it is to turn off of
Fayetteville Road on to her street because you can't slow down due to fast traffic coming up behind
you. She is worried about auto accidents happening if more driveways go in on North 7th Street.
Melinda Wynn, of 408 N. 7"', then voiced her concern to the Commission that her land will erode and
wash down the lull since Mr. Mooney cleared the property. Ricky Satterfield of Satterfield Surveyors
said Mr. Mooney is going to put in a retaining wall to help with any erosion issues. Ms. Wynn also
said she has concerns about more driveways going in and the dangers of not being able to slow down
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when coming down Fayetteville Road's hill to turn on to North 7" Street. She is concerned about
continuing to have alley access to get to the back of her home. Her other complaint is that she wants
to make sure duplexes won't affect her dream of one day opening an in -home bed & bath, so Ms.
Wynn would like the look of the property to stay residential. Vice-Cha ttnan Bagby asked Ms. Wynn
would she rather have duplexes or offices on that property. Ms. Wynn said she could not answer that.
Mr. Mooney said he would be willing to consider rezoning the property to R-1. Chairman Andy
Dibble and Planning Director Wally Bailey both said R-1 spot zoning isn't a good option.
The Planning Commission tabled this agenda item until next month and asked WD Builders (Mr.
Mooney) and Satterfield Surveyors to bring in more plans that show access.
6. Public Hearing For Rezone #3-2021-2322 Dora Rd ---Risley Architects for Z H
Siddiqui, LLC; R-2 to R-3. A motion to table this agenda item was made by Vice -Chairman Philip
Bagby and seconded by Commissioner Jason Myers. The motion was approved unanimously.
James Damron of Risley Architects presented to the Planning Commission the plan to build 4
duplexes, 8 dwelling units, with one collective driveway off of Dora Road. Mr. Damron says it is more
conducive to have rental property at this location rather than single or two-family homes because the
land is an island fiotn surrounding property —as it is swrounded by city streets, a detention pond, and
a 20' road easement.
Eric Pearson, of 1704 Kalai Lane, told the Commission that he does not want mote apartments or
duplexes in his neighborhood. He wants to see more single-family homes.
Josh Lane, of 2061 Green Meadow, next spoke to the Conanission saying he too wants to see single-
family homes, not apartments or duplexes. He also has concerns about road easements and whether
they can put a driveway off of a main road.
Chairman Andy Dibble mentioned to Mr. Damron the possibility of splitting the lot 4 ways.
Comnissioner Jason Myers asked about using the 20' road easement going through the storm water
detention area to the North of the property for driveways. Chairman Dibble also noted that R-3
zoning doesn't meet the Master Land Use Plan Map classification for this area and would requite an
amendment if rezoned. The Commission would rather the property be subdivided instead of rezoned.
Mr. Damron asked the Commission to table this agenda item to give him time to discuss options with
the property owner, ZH Siddiqui, LLC.
7. Public Hearing For Rezone #4-2021-2020 Dora Rd —The Current Church; R-3B
to C-2. This agenda item was withdrawn by Kendall Hogan of The Current Church.
The Current Church has purchased this property which includes an existing church building. The
zoning of this property is R-3B which does not allow a church as a permitted use or as a conditional
use. The Current Church wants to change the zoning to C-2 which will allow them to construct
building additions without a conditional use permit.
Chairman Andy Dibble asked Planning Director Wally Bailey in his personal opinion would rezoning
this property to C-2 make the most sense. Mr. Bailey replied that the problem with C-2 zoning is if
the church leaves, anything that meets the C-2 zoning can be built there. Mr. Bailey said having a
conditional use would probably be the best choice. Commissioner Mark Evans asked if the zoning
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code could be amended to allow churches as a conditional use in R-3B zone. Chairman Dibble stated
that the Commission is trying to figure out the best option for the future of this property and amending
the zoning seems to be it. Chairman Dibble recommended putting a public hearing on next months
agenda to amend the zoning code to permit conditional use of churches in R-3B zone and at the same
time The Current Church submit a Conditional Use Permit contingent upon City Council's approval
of the zoning code amendment. Mr. Bailey said The Current Church can continue work ng on the
inside of the church but cannot do any outside expansion until their CUP is submitted and approved.
Vice -Chairman Philip Bagby asked Kendall Hogan, representing The Current Church, if he wants to
withdraw the rezone request. Mr. Hogan agreed and withdrew.
S. Old/New Business
a. Planning Commission Appointment Recommendation Of Missy Heffner. A
motion to approve the recommendation to the City Council was made by Commissioner Jason Myers
and seconded by Vice -Chairman Phillip Bagby. The motion was approved unanimously.
9. Adjourn. A motion to adjourn was made by Commissioner Jason Myers and seconded by
Commissioner Jay White. The motion was approved unanimously.
Wally Bailey, Planning Director
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