PC Minutes 04-05-2022City of Van Buren, Arkansas
Mumcipal Annex
111 North 12fl` Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
Apri15, 2022
1. Call To Order. The Van Buren Planning Couunission held its monthly meeting on Tuesday, April 53
2022, 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, Missy Hefner, Jason Myers, Mason Shirey, John Symonds, and Jay White. City staff present were
Planning Director Wally Bailey, City Inspector David Martin, Fire Marshall Stanley Clark, and Secretary Jennifer
Willoughby. Commissioner Tiffany Webster was absent. Present for Agenda Item #4: Kitsia Guardado, Jessica
Sanchez of Kitsia Guardado Inc, Kevin Dang for Kitsia Guardado Inc. Present for Agenda Item #5: Cliff Cabaness
of MGC Kibler Construction, William Loyd of Abilities Unlimited, Mark Gonzagowski, Cathy Johnson, Daniel
Johnson, Judy Gregory, Steve Gann, and Damon Morland. Present for Agenda Item #6: Larry Gordon and Britt
Brooks of Van Buren First Assembly of God Church. Present for Agenda Item #7: Kyle Niemann of Hoffman and
Associates, Mike Barrett of Simmons Foods. Present for Agenda Item #8: Chad Brixey of Brixey Engineering.
3. Approval Of Minutes From March 1, 2022. A motion to approve was made by Commissioner Jason
Myers and seconded by Commissioner Jay White. The motion was approved unanimously.
4. Public Hearing For Rezone #2-2022— 619 Access Road—Mtsia Guardado, Inc; Government (G)
To C-2. A motion to approve recommendation of rezone with conditions to City Council was made by
Commissioner Jason Myers and seconded by Commissioner Mark Evans. Commissioner Mason Shirey abstained.
The motion was approved unanimously.
Planning Director Wally Bailey spoke to the commission about the planned commercial development of a Used Truck
Dealership and the need for careful attention to the surrounding R-1 single-family property. Mr. Bailey noted that no
commercial driveways should be permitted into the residential neighborhood allowing the business traffic into or
through the neighborhood. Another concern for Mr. Bailey is the need for opaque fencing with landscaping to
camouflage and reduce noise for the residential neighborhood from the Access Road commercial development.
Jessica Sanchez with Kitsia Guardado, Inc. stated that they can move the fencing to Bear Track Drive so that no cars
would use the residential road as access to the business and make sate no access would come off of Beat Tracic Dr.
Chairman Dibble said the proposed chain link fencing is not a sufficient buffer; the fencing needs to be solid with
landscaping. Chairman Dibble is concerned about sound/noise during evening hours and Commissioner White
mentioned light pollution being an issue during the evening hours. Commissioner Myers stated no fence can be
erected in the powerline easement so that area would be green space.
A motion was made to approve recommendation of the rezone to City Council with the following conditions:
• Driveway access off of Access. Road. only.
• Solid fencing and landscaping buffer provided for the residential neighborhood
• Light pollution needs to be addressed.
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5. Public Hearing For Rezone #3-2022-3409 Kibler Road—Brixey Engineering. Following the
discussion, a motion to table the agenda item was made by Vice -Chairman Philip Bagby and seconded by
Commissioner Jason Myers. The motion was approved unanimously.
Planning Director Wally Bailey presented the following staff comments to the commission:
• The proposed development has been reviewed and deemed acceptable by city departments and franchise
utilities.
• Three sides of the property axe zoned R-2. South of Kibler Road along the property frontage is zoned C-2.
The zoning change to multi -family zoning could be argued as a spot zone since there is not an existing multi-
family zone contiguous of the property and the multi -family zoning is not compatible with the Master Land
Use Plan. Should the commission decide to recommend the rezoning, the Master Land Use Plan will need to
be amended to reflect the change to multi -family.
• Driveway access on the development plan is limited to Kibler Road. South 34" and Cherry Streets are
substandard. Right-of-way dedication for all three roads is included as part of the development planning.
• A replat will be necessary to acconunodate the Master Street Plan requirements and to remove the internal lot
lines of the currently platted lots.
• Privacy fencing along South 34' and Cherry Streets has been added to the proposed plan.
Chairman Dibble noted that the subdivision to the east was declined a rezone to R-3. Commissioner Myers said the
neighboring lots to the west belong to Abilities Unlimited, Inc. and that Abilities Unlimited would like to eventually
rezone their lots to R-3. What the development options would be if zoning remained R-2 was briefly discussed. Mr.
Bailey stated that if the zoning stays R-2, a street will have to be built and a replat would have to be done.
Chairman Dibble opened the floor to the public. Daniel Johnson of 3 N. 35"' Street, gave the commission a petition
to stop the rezone that contained over 64 signatures. Next, Daniel and Cathy Johnson of 3 N. 35' Street along with
Mark Gonzagowski of 101 N. 35`° Street spoke against the rezone because of the existing traffic problem on I{ibler
Road; they believe the traffic problem will only get worse with the addition of 16 duplexes. They also said there is an
existing sewer problem that will continue to get worse with extra use and strain. Then, they voiced concern that the
duplexes will only devalue their single-family homes because they believe the duplexes may be built poorly and/or be
for low-income housing. Cliff Cabaness of MCC I{iblex Construction addressed their concerns. Mr. Cabaness stated
the planned duplexes are not Government subsidized housing and that they have no interest in building multi family
or apartment type developments on the property. William Loyd of Abilities Unlimited took the floor to say that
Abilities Unlimited is in favor of the rezone because they want to rezone their lots to R-3 as well, to provide Abilities
Unlimited employees with housing that is within walking distance of their facility.
Commissioner Evans said that since people have a problem with the traffic on Kibler Road and since R-2 is the
current zoning, he hates to change the zoning to R-3. Vice -Chairman Bagby's concern is the loss of control of what
is done once property is rezoned to R-3—current owner can sell, and new owner can build an apartment complex,
etc. Mr. Cabaness asked if they can rezone with conditions. City Attorney Jacob Howell replied that yes, the city
could work with the developer to set a time limit and conditions for rezone. Mr. Cabaness asked to table the rezone
application and come back with conditions.
6. Public
Hearing For CUP #3-2022-406 Linda Lane
—First
Assembly Of
God Church Van Buren;
Add Pavilion &
Playground To Church Campus In R-1. A
motion
to approve was made by Vice -Chairman
Philip Bagby and
seconded by Commissioner John Symonds. '17re
motion
was approved
unanimously.
7. Abandonment Of Public Easement —Simmons Foods, 2101 Co-op Drive —Hoffman & Associates.
A motion to approve recommendation of abandonment to City Council was made by Commissioner Jason Myers
and seconded by Colu nissioner Jay White. The motion was approved unanimously.
8. Legacy Creek 2—Preliminary Plat—Bxixey Engineering. A mot on to approve was made by Vice -
Chairman Philip Bagby and seconded by Commissioner Jason Myers. The motion was approved unanimously.
9. Hilltop Way Development Request —Marlon Botulla. Applicant requested the item be tabled prior to
the meeting; the Planning Commission concurred with his request.
10. Public Hearing To Amend Maximum Lot Coverage Requirements For Industrial Zoning
Districts. A motion to recommend the Zoning Ordinance Amendment to the City Council was made by Vice -
Chairman Philip Bagby and seconded by Commissioner Mason Shirey. The motion was approved unanimously.
11. Public Hearing To Present Ordinance. Defining Salvage Regulations. A motion was made to table
the proposed Zoning Ordinance amendments to allow time to tighten up the wording and better define the term
salvage. The motion was made by Vice -Chairman Philip Bagby and was seconded by Conmussionet Mason Shirey.
The motion was approved unanimously.
12. Public Hearing To Add Exceptions To Setback Requirements Fox Cul-de-sacs. A motion to
recommend the Zoning Ordinance amendment to the City Council was made by Commissioner John Symonds and
was seconded by Commissioner Jason Myers. The motion was approved unanimously.
13. Public Hearing To Amend Subdivision Regulations To Add Definitions Fox Private Streets And
Private Access Easements. A motion to recommend the Subdivision Regulations amendments to the City Council
was made by Vice -Chairman Philip Bagby and seconded by Commissioner Missy Hefner. The motion was approved
unanimously.
14. Old/New Business.
a. Mx. Bailey intends to present an amendment to the Access Ordinance dzat would help protect
residential neighborhoods from commercial ox industrial driveway access. Commercial or industrial
driveway access into residential neighborhoods would be required to get approval from the Planning
Commission by Conditional Use.
15. Adjourn. A motion to adjourn was made by Commissioner Mason Slurey and seconded by Commissioner
Mark Evans. The motion was approved unanmously.
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Wally Bailey, Planning Director