Updated Variances and Rezoning on the Agenda for the Benton Planning Commission January 3rd

The City of Benton Planning Commission will meet Tuesday, January 3, 2023, at 6:00 p.m. in Council Chambers at 114 S. East St.

Scroll down to read the minutes of the previous meeting.

This meeting’s agenda is as follows:

PLANNING COMMISSION MEETING
Tuesday, January 3rd 2023
6:00 PM

1) Establish a Quorum/Call to Order

2) Reading of Civil Statement

3) Approve Minutes from December 6th, 2023 Planning & Zoning Meeting

4) Board of Adjustments

   a. 2315 W. South Street [Variance Request – Tabled from 12.06.2022]

5) Planning Commission

   a. 1502/1504 W. South Street [Site Plan – Tabled from 12.06.2022]

   b. 1921 Highway 5 [Rezone]

   c. 13000 I-30 [Rezone]

   d. 20141, 20293, & 20233 I-30 [Rezone]

Meeting Adjourn

Read the minutes from the previous meeting, held Tuesday, January 4th, 2022 below.

CITY OF BENTON, ARKANSAS
Board of Adjustments/Planning & Zoning Meeting
Tuesday, December 6th, 2022
6:00 P.M.

Chairman Black called the meeting to order. Roll call resulted in 1 member being absent.

Members Present Members Absent

Carl West

Brian Black, Chairman

Lois Burks

Darrell Wood

Johnise Lawani

Pamela Gibson

James Stilwell

Andy Warford

Mark Chilton – Absent

John Parton, Comm. Development Director

Chelsea Matthews, City Planner

 

Approval of the Minutes of the November 1st, 2022, Planning Commission Meeting

Chairman Black asked if there were any additions, deletions, or corrections to the minutes. Commissioner West makes a motion to approve the minutes, as written. Commissioner Gibson second. Motion carried.

 

Board of Adjustments

2315 W. South Street [Variance]

Chairman Black asked Mrs. Matthews to introduce the variance request for 2315 W. South Street. Mrs. Matthews reads the memorandum that states that LDS Express LLC [property owner] is requesting a variance to reduce the 25’ right side building setback by 1.5’. She states that if approved, the right-side building setback will be reduced from 25’ to 23.5’. Mrs. Matthews states that this building has already been built and was mistakenly put 1.5 feet over the setback. Discussion is made around the room regarding the accuracy of the site plan that was submitted with the application. Chairman Black asks if there is a representative present to answer questions regarding this variance request. Because there is no one there to answer questions, Commissioner Gibson makes a motion to table this item until a representative is there to clarify the variance. Commissioner Stillwell second. Motion carried – this item is tabled until the January 2023 Planning Commission Meeting.

 

5539 Atlantic Cove [Variance]

Chairman Black asked Mrs. Matthews to introduce the variance request for 5539 Atlantic Cove. Mrs. Matthews reads the memorandum that states that Joseph & Lisa Cavanagh [property owners] are requesting a variance to reduce the 15’ rear building setback. She states that because of the subdivision of this property [Hurricane Lake Estates], there is a 15’ rear setback per the final plat instead of the normal 10’ rear building setback that is required in R2 zones. She states that if approved, the rear building setback will be reduced from 15’ to 10’ and will allow the property owners to install a pool in the back yard. Chairman Black calls for any questions or comments regarding this variance request. Mr. Cavanagh speak in favor of this item and wants the Planning Commission to approve the variance request so that he’s able to install a pool for his family.

Discussion is made around the room. Commissioner West makes a motion to approve. Commissioner Warford second. Motion carried.

 

807 Coral Cove [Variance]

Chairman Black asked Mrs. Matthews to introduce the variance request for 807 Coral Cove. Mrs. Matthews reads the memorandum that states that Winnie & Richard Markham [property owners] are requesting a variance to reduce the 25’ front building setback, the 20’ rear building setback, and the 10’ right side building setback [setbacks filed on final plat]. She states that there is an existing structure there that was built in 2003 and the setback errors were brought to light while going through a sale. Mrs. Matthews states that if this variance is approved, it will reduce the front building setback from 25’ to 10’, the rear building setback from 20’ to 10’, and the right-side building setback from 10’ to 8’. Chairman Black calls for any questions or comments regarding this variance request. Discussion is made around the room regarding the accessory building on the rear of the property and if it can be moved to become compliant with the rear setback that was in place when the property was built. Commissioner Gibson asks to amend the request to deny the rear setback variance but approve the front and side since the residence is placed over those but not the back. Commissioner West makes a motion to approve the variance, as requested. Commissioner Wood second. Motion carries 4-3 with Commissioner Lawani, Gibson, and Stilwell voting “no”.

 

Planning Commission

13000 I-30 [Benton Middle School – Site Plan]

Commissioner Stillwell recuses himself from this item due to a conflict of interests.

Chairman Black asked Mrs. Matthews to introduce the site plan request for 13000 I-30. Mrs. Matthews reads the memorandum that states that Josh Minton with Minton Engineering is requesting approval of a site plan for Benton Middle School at 13000 I-30. Mrs. Matthews also states that this property is currently zoned C3 [Service Commercial] which allows for schools by Conditional Use approval only. Since there is already an Elementary School at this location, a Conditional Use or Rezone should have been done prior to the site plan for that but since it wasn’t, Minton Engineering will need to obtain one to become compliant. Chairman Black calls for any comments or questions regarding the site plan for Benton Middle School. Mr. Minton with Minton Engineering speaks in favor of this item and states that he will request a rezone for this piece of property to make it a S [School] zone. Commissioner Black states that he would like to see some more landscaping on this site plan before he feels comfortable approving it and states that the Commission can give contingent approval for this site plan on the promise that additional landscape plans and a rezone request will be sent to the Planning Commission the following week for review. Commissioner West makes a motion to approve contingent upon additional landscape plans. Commissioner Gibson second. Motion carried.

 

20461 I-30 [Multi-Tenant Retail Building – Site Plan]

Chairman Black asked Mrs. Matthews to introduce the site plan request for 20461 I-30. Mrs. Matthews reads the memorandum that states that Whitlow Engineering Services, Inc is requesting approval of a site plan for a multi-tenant building at 20461 I-30. Chairman Black calls for any comments or questions regarding this site plan request. Discussion is made around the room. Commissioner West makes a motion to approve this site plan. Commissioner Stillwell second. Motion carried.

 

1502/1504 W. South Street [Mini Storage – Site Plan]

Chairman Black asked Mrs. Matthews to introduce the site plan request for 1502/1504 W. South Street. Mrs. Matthews reads the memorandum that states that Davidson Engineering is requesting approval of a site plan for a mini storage facility at 1502/1504 W. South Street. She states that Mr. Davidson had contacted the Community Development office in the week asking for this item to be tabled due to the property owners wanting to make some changes to the site plan. Mr. Davidson asked that this project be reviewed at January’s Planning Commission meeting. Commissioner West makes a motion to table this item until January’s meeting. Commissioner Gibson second. Motion carried.

 

3554 Salem Road [Hurricane Lake Storage Centers – Site Plan]

Chairman Black asked Mrs. Matthews to introduce the site plan request for 3554 Salem Rd. Mrs. Matthews reads the memorandum that states that Michael Bolin & Associates Inc. on behalf of Arkansas Storage Centers is requesting approval of a site plan for an addition to the existing storage buildings at 3554 Salem Rd. She also states that the existing storage building is located within Benton City Limits, but this addition will be located within the cities ETJ and is currently awaiting approval from the County. Commissioner Black calls for any comments or questions regarding this site plan request. Mr. Bolin with Michael Molin & Associates along with Stuart Finley with Arkansas Storage Centers speak in favor of this item. Discussion is made around the room regarding landscaping and setbacks. Commissioner Black states that the landscaping needs to be brought up to code, and the rear setback changed from 15’ to 25’ due to there being a residential zone touching the rear of the property. Mr. Finley agrees to make these changes. Commissioner West makes a motion to approve this site plan contingent upon the setback and landscape requirements made by Commissioner Black are met and a copy is given to the Planning Commission the following week for review. Commissioner Lawani second. Motion carried.

 

310 N. Fourth Street [Rezone]

Chairman Black asked Mrs. Matthews to introduce the rezone request for 310 N. Fourth Street. Mrs. Matthews reads the memorandum that states that Carmen Rice [property owner] is requesting a rezone of her property at 310 N. Fourth Street from R2 [Single Family District Detached Housing] to R5 [Multi Family District]. Chairman Black calls for any comments or questions regarding this rezone request. Carmen Rice speaks in favor of this item and says that if approved, she plans to put a triplex development on this property where she will live in one of the units. Nearby property owners Brenda & Matthew Burr speak against this item and provide a list of 7 signatures from other property owners in the area speaking against this rezone. Discussion is made around the room. Commissioner Gibson makes a motion to approve this rezone request. Commissioner Stillwell second. Motion carried 6-1 with Commissioner Burks voting “no”. Because this is a rezone request, final approval will be decided by the City Council on 12.19.2022 @ 6:00pm.

 

915 Newcomb Drive [Rezone]

Chairman Black asked Mrs. Matthews to introduce the rezone request for 915 Newcomb Drive. Mrs. Matthews reads the memorandum that states that Garnat Engineering on behalf of the property owners is requesting a rezone of their property at 915 Newcomb Drive from R2 [Single Family District Detached Housing] to C2 [General Commercial]. She states that this property has been operating as “Benton Food & Gas” for several years and plan to continue to do so, if approved. Chairman Black calls for any comments or questions regarding this rezone request. Mr. George Wooden speaks in favor of this request and states that this business has been operating for 30+ years. Discussion is made around the room regarding the proper zone for this business since it is so close to residential neighborhoods. Commissioner Gibson states that she would like to see it become a C1 [Neighborhood Commercial] zone instead of C2 to limit future uses in this area. Commission West makes a motion to approve the rezone as a C1 and the applicant must apply for a Conditional Use. Commissioner Gibson second. Motion carried 7-0. Because this is a rezone request, final approval will be decided by the City Council on 12.19.2022 @ 6:00pm.

 

404 W. Sevier Street [Rezone]

Chairman Black asked Mrs. Matthews to introduce the rezone request for 404 W. Sevier Street. Mrs. Matthews reads the memorandum that states that Integrity Property Group LLC is requesting a rezone of their property at 404 W. Sevier Street from TC1 [Town Center Zone] to C1 [Neighborhood Commercial]. She states that this property currently houses an Insurance Group and if approved, will also operate an Esthetician Office. Chairman Black calls for any questions or comments regarding this rezone request. Discussion is made around the room regarding the appropriateness of this rezone in the area, given that there are a lot of residential areas near this location and if a TC2 would be more suitable. Some of the property owners in the area come forward to speak against this item. Motion fails 7-0.

 

404 W. Sevier Street [Conditional Use]

Chairman Black asked Mrs. Matthews to introduce the Conditional Use request for 404 W. Sevier Street. Mrs. Matthews reads the memorandum that states that Integrity Property Group LLC is requesting a Conditional Use to operate an Esthetician office at their property at 404 W. Sevier Street. She also states that there is another Conditional Use [Ordinance 66 of 2021] that allows for office space at this location but because this type of business will house medical supplies, it is classified as a clinic. Chairman Black calls for any comments or questions regarding this Conditional Use. Discussion is made around the room regarding potential traffic increases if this business is allowed in the area. Item fails due to no motion.

 

4000 Congo Road [Conditional Use]

Commissioner Wood abstains from this item.

Chairman Black asked Mrs. Matthews to introduce the Conditional Use request for 4000 Congo Rd. Mrs. Matthews reads the memorandum that states that Richardson Engineering, on behalf of the property owners is requesting the approval of a conditional use to operate a Mini Storage Facility at 4000 Congo Rd. She states that this property is currently zoned as C2 [General Commercial] and allows for mini storage with Conditional Use approval. Chairman Black calls for any comments or questions regarding this Conditional Use request. Discussion is made around the room regarding mini storage and the appropriateness of it in this area. Commissioner West makes a motion to approve this Conditional Use request. Commissioner Stillwell second. Motion carried 5-1 with Darrell Wood abstaining from a vote. Because this is a Conditional Use request, City Council will have final approval on 12.19.2022 @ 6:00pm.

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