The Planning Commission met Feb. 13, and commissioners worked through a long list of topics. They had no open applications before the table, which allowed them to take a leisurely approach to some issues they have addressed during recent meetings.
Those issues included an agenda item with the imposing title “Clarifying Ordinance Options that Waive Planning Commission Vote on Tree Cuts.” Chair Susan Harman explained that Building Inspector Jacob Coburn can issue a tree-cut permit under some emergency situations, if a tree is dead or threatens severe damage.
Although she agreed with the need for an emergency permit, Harman said she would oppose using that provision just because a property owner did not want to come to a meeting. At a minimum, she said the commission should receive a written report if its role in regulating tree cuts is bypassed. City Historic Preservation Officer Kyle Palmer will meet with Coburn to clarify the circumstances under which an emergency permit might be issued.
Commissioners continued to work toward a complete list of requirements for those holding Conditional Use Permits (CUP) for tourist lodging or bed-and-breakfast operations. A moratorium on new B&B permits is in place until August.
Harman mentioned the need to protect neighborhoods from excessive incursions of B&Bs or other forms of tourist lodging. With tourist lodging already restricted in residential areas, B&Bs will be the main area of focus. Harman said the requirement for an owner or on-site manager will eliminate some smaller houses from consideration as B&Bs.
Even grandfathered properties must comply with other city restrictions, such as offering breakfast in advertising. All lodging businesses must pay taxes under the City Advertising and Promotion Commission, and compliance should be assessed whenever a property changes hands. New owners should sign a checklist showing their obligations as far as obtaining a business license and operating within city regulations.
Commissioner Fergie Stewart agreed with the checklist as a means of eliminating ambiguities regarding requirements.
Commissioner Ann Tandy-Sallee said she would always rather see an owner living at a B&B, although an on-site manager would be the next best thing. Her main concern was properties granted a CUP as a B&B but operating without any contact with the guests.
A workshop is scheduled at 5 p.m. on March 12, prior to the regular meeting. Commissioners will look for public input on issues relating to B&Bs. Other workshops may follow before the April and May meetings.
In other business:
- Palmer read from Arkansas codes concerning ex parte communications. In a small town, commissioners may encounter someone with pending business before the commission, creating the possibility of improper conversations. To avoid questions of impropriety, commissioners should clearly explain that they cannot discuss commission business away from the table. Palmer asked commissioners to report any attempts at ex parte contacts.
- As commissioners considered a meeting schedule for the coming year, Harman asked about a return to twice-monthly meetings. She noted that once-monthly meetings might cause delays for some applications. She reminded the others that the meeting schedule had been reduced because the commission had trouble establishing a quorum.
Tandy-Sallee downplayed the delays, suggesting that anyone planning a project should not “wait until the last minute.” She also noted that some other communities might take as long as six months for an application to work its way through a planning commission. All agreed to retain the current schedule, meeting on the second Tuesday of each month. Commissioners still have the option of adding special meetings as needed.
- Officers were elected for the coming year, including Harman as chair, Stewart as vice-chair, and Tom Buford as secretary.
- Commissioners voted to continue using a relaxed form of Robert’s Rules for procedures.
- Coburn will be invited to outline his goals at an upcoming meeting.
- A pair of commissioners have missed multiple meetings, and Palmer will check the commission requirements concerning attendance.
- Stewart mentioned that a tourist was hurt after a fall on upper Spring Street. He said a dangerous condition has created a six-inch drop between adjacent sections of sidewalk, and he urged the public to exercise caution. Earlier, during public comments, Eric Scheunemann had proposed having the city hire someone to perform routine maintenance on sidewalks throughout the city.
- Buford pledged to work with city council on sidewalk issues.