The Planning Commission continued a discussion of zoning for treatment centers at the Oct. 13 meeting. After a public comment in July regarding a proposed addiction treatment center, the commission received an opinion from legal counsel Heather Owens. She cautioned against regulating based on “the identity or perceived characteristics” of the people receiving treatment. The commission should only regulate based on “legitimate land-use concerns.” The commission can control objective factors such as occupancy, density, parking, fire safety, or infrastructure.
Commissioner Susan Harman asked about the process of issuing business licenses. She introduced the concept of special permits, suggesting that as a step further than the Conditional-Use Permits issued by the commission. In response to a question, Cassie Dishman, director of Planning and Community Development, said the commission would need an ordinance to create a new category of permit. She further noted that an ordinance would have to spell out the need for a new category.
Harman gave the example of the marijuana dispensary, which is listed as a retail business. She said the dispensary should have a special permit. A discretionary zoning mechanism would allow a municipality to review specific types of land use on a case-by-case basis.
Commissioner Mike Welch cautioned against focusing on the treatment center. He asked to make the discussion more general. On a related note, Chair Fergie Stewart said the city could create a fee schedule to help deter unwanted businesses, including data centers.
In other business:
- Arborist Mike Larrew represented an application to cut two trees at 1 Charles Circle. The trees lean over the driveway, in an area where the owner wants to build a carport. Welch had visited the site, and agreed that the trees are leaning, but he said they look healthy otherwise. He voted against the tree cut, but the other four commissioners approved.
- Harman asked Dishman for an update on a project to create updated city maps.
- At 3010 E. Van Buren, owner Greg Clark received approval for a deck and swinging bridge at the back of his motel. Welch had visited the site, and he described “a very ambitious project.” Before voting to approve the project, commissioners noted the input of Building Official Paul Sutherland.
- The commissioners needed little discussion before approving a roof over a drive-through coffee business and patio area at 116 E. Van Buren for owner Justin Reed. Sutherland had reviewed and approved the application.
- Christopher Spencer received approval to construct a pickleball court at 163 E. Van Buren, at Thurman Lodge. Scott Taylor represented the application, and he said the court would only serve as an amenity for guests of the motel. Play will be limited to daylight hours, mitigating any noise concerns. The slab is already in place, and the project will not create drainage issues or affect other natural features.
- The draft of an ordinance to regulate outdoor sales was approved, and it will be sent to city council.
- Stewart said he is seeing many sidewalk repairs around town.
- During public comments, Steve Holifield thanked commissioners for volunteering their time. He said he was speaking as an alderman, not as a mayoral candidate.
- A workshop to update the city’s vision plan preceded the meeting. Another session is planned before the Nov. 10 meeting.