Planning Commission Minutes Monday July 1, 2019 6:00 PM at City Hall 

The Commission reserves the right to reprioritize its consideration of the items on the agenda. 

Commissioners present: Brenda Reynolds, Bill Yoes, Charlotte Carnes, Paula Schoonover, Alan Swearingen, and Hunter Collins. Called meeting to order at 6:00 p.m. 

Chair distributed hard copy packets of documents to the PC which were delivered to her at 9:30 p.m. last night. 

1. Public hearing for West Fork sewer lot split. Nick Batker with McClelland Engineers gave presentation for public hearing. Discussed pump station. City of West Fork wants to own pump station and needs lot split. Variances requested: A. 60 month waiting period; B. Variance from 20′ wide paved to 12’gravel; C. 100′ length on access road; D. 55′ radius turn-around to a hammerhead turn-around. Closed for Commission discussion @ 6:08. Open to public comment. Public Input: Lance Adams is neighbor to property. Did not receive notice, just saw sign and came to meeting. Discussed concerns of property values due to pump station. Input was given from McClelland, City Engineer, and public re not decreasing value and plat was reviewed with Mr. Adams. Location of Lift Station will be on a tandem lot. Will have a fence and be gated for security. Odor control required by Fayetteville. West Fork will own the station and Fayetteville will monitor it. Gravel road will come off of 71. Lot not in Homestead subdivision. Lee Guthrie addressed the property value and that it would increase the value of his property. Single line coming out of Homestead subdivision. Closed for public discussion @ 6:16.

2. Regular session for West Fork sewer lot split . Planning discussion open @6:16. No issues. No public comment. Closed @ 6:17. Motion to approve lot split by Commission Yoes, 2nd by Commission Carnes. Carried 5-0. 

   Commissioners went into Board of Zoning Adjustments session for variances @ 6:18. 

   1. A. 60-month waiting period for new split so Stansell’s property rights are not impiared by this lot split. Motion to approve desired Variance to void the 60 month waiting period by owners to split lot again by Commissioner Yoes, 2nd Commissioner Swearingen. Carried 5-0. B. Motion to allow 12′ gravel instead of required 20′ paved road made by commission 

   Collins, 2nd by Commission Swearingen Carried 5-0. C. 100′ length on access road. Motion to allow longer than100′ length for access road made 

   by Commission Swearinger, 2nd by Commissioner Collins, carried 5-0. D. Motion to allow change from 55′ radius turn-around to a hammerhead turn-around made by Commissioner Collins, 2nd by Commissioner Carnes. Carried 5-0. Commission out of Zoning adjustment and back into regular session @ 6:23. 

3. Matt Nichols: re property maintenance questions. Matt Nichols gave presentation for input. Discussed fences and a bridge on easements. Wants to build a fence connecting his property to adjacent-owned property across a creek or along the creek and wants Commission input. There is a 40′ easement for sewer (per City Engineer) but Mr. Nichols wishes to do a bridge within that easement area and does not feel it will impact the sewer easement. Josh Bailey, the city attorney, discussed building on easement and issues of drainage, liability, damages, establishing precedent for the City. Mr. Nichols said there would not be any thing in the creek or waterway to block drainage; the length of 16-18′ foot that he would like to put concrete piles to build a bridge on and to keep it from dislodging. Mr. Bailey suggested he get a survey to show where structures would be. Mr. Nichols said he has one and Josh said Planning Commission and he would need to see survey and architectural rendering of plans. In easements, city or utilities could come and remove structures if they needed to for repairs, etc., and Mr. Nichols was aware of that risk. City Engineer stated that utility easements are pretty clear about no structures on easements. Easements may also allow for plans for future utilities. City Engineer suggested using a rock bed to access property. Would be less of a permanent structure. Mayor Groom suggested a platform that could be removed. City Engineer states if he built structure anyway, he would be liable for damages. City attorney suggested next step and present survey and architectural rendering of his plans and advise based on information. Mr. Nichols agreed to meet with City and City Engineer and discuss his plans.

4. Act 446 follow up. Zoning code– MH use. Arkansas Municipal League session attended by Chair- per VonTungeln, ARML Staff Planner, the City’s Code in effect prior to the enactment of Act 446 applies. It grandfathers in existing code. City cannot create new code after February 28th, and it pertains to single family residential dwellings only– not commercial or (non-dwelling) accessory buildings. City Attorney stated that there is some ambiguity that it could be opinion-based on interpretation of the law. Commissioner Reynolds suggested that we leave Code alone for now and City Attorney agreed. Mayor Groom said he would contact the League to clarify what is grandfathered in. The City will abide by Code and wait for changes or clarification of the new law. 

   Manufactured Homes: This is not a “trailer”, but a “manufactured home” as defined by HUD and is HUD regulated. Our Code addresses mobile homes in R3, and in a “park” setting. Code has to allow for individually-placed manufactured homes, not restrict to a park setting, and city has to have residential zones allowing MH. 

   Chair advised she will pass this on to Council for them to determine how they wish to change the Code in this regard. 

5. Accessory building code work follow up. City Attorney stated that he has not finished with this Code yet. He will send Commissioner Reynolds a draft of finished Code. Plan on not allowing dwelling accessory buildings. Suggested that we have a list of acceptable uses and all others would not be permitted. Things such as a “man cave” would not be permitted, but a home office would be (with a CUP for the business). 
6. Outdoor vendor code work follow up. Gave City Attorney our working draft that commissioners have been working on. Working draft includes Commissioners’ notes and input and the City Attorney can now take that information to begin drafting Code. Discussion occurred about questions regarding seasonal vendors.

Public comments: Hog Valley RV Park gave update on their progress and they will be on the agenda for sign permit and CUP terms next month. Have given list of covenants to City Hall. Opened for questions. Discussed paved pads and they are thinking of placing 5 pads. Will call these premium sites. Discussed vendors and permits. Will apply our Code. Discussed special event permits that would cover concerts, alcohol, fireworks, etc. Waiting on health department permit and expect it in next couple of weeks. City Building Inspector has been on site recently. 

Patricia Lindabury asked for definition of accessory building. Discussed and noted that we are still working on that with City Attorney. Questioned ability to buy empty lot and put a metal building or storage building on it without a house. City Attorney felt that it needed a primary structure such as a house first. Code does not address this clearly, so no clear answer is available at this time. 

Chair and Secretary will review and revise Minutes and pass them on to PC and City. 

Motion to adjourn: Commissioner Yoes; 2nd by Commissioner Collins. Pass 5-0. 

Adjourn: 7:20 p.m.