During 2018, the Planning Commission handled tree cuts, Code confusion, tree cuts, Conditional Use Permits, commissioner conduct, more tree cuts, variances, the same ordinances they finished the previous year, and two vacancies on the commission for most of the year.
January
- Commissioners found themselves facing tree cut applications and they were not sure why. Applicant Dan Bennett told them that Mayor Butch Berry had directed Building Inspector Bobby Ray to use discretion and if necessary to pass along to the Board of Zoning and Adjustment the decision about a tree cut. Commissioners approved Bennett’s application but began studying what City Code said about tree cuts.
- Commissioners followed up on their recommendation to city council that upper Spring Street be striped to better control the parking situation.
- Ann Sallee was elected Chair
February
- Sallee suggested sites for new commercial construction should have signage posted so the public would have a chance to comment.
- Another tree cut application was on the agenda, and commissioner Susan Harman asked for a written statement from the mayor clarifying the apparent change in policy.
March
- Commissioner Theodore Cottingham pointed out the most recent Vision Plan for the city was from 1996, and he had not heard it referenced in any meetings. He said it was time to “infuse new energy into our municipal planning process,” and Code stated it was the responsibility of Planning to maintain the Vision Plan. Harman told him they had mentioned a Master Plan the previous year but had decided to continue the prodigious task of clearing up old and obsolete ambiguities in Code first.
- Sallee learned at City Hall that all tree cut applications would come to their table and that a tree inventory had been completed 15 years prior. Commissioner Tom Buford noted the inventory was not in City Code, which guides their decisions, and commissioner Woodie Acord pointed out a 15-year old tree inventory would be out of date anyway. Cottingham commented the Building Inspector had been calling the shots about tree cuts for years, and the sudden change was ludicrous. Acord stated, however, for many of these requests it was easy to see the tree should come down, so commissioners agreed to leave things as they were.
- Commissioners asked clarification from council about a section in Code regarding which decisions required a public hearing.
- A tree cut application at the March 27 meeting was turned down, and commissioners noted Ray had been put in the situation of contradicting himself by recommending a tree cut but then denying it. Harman again insisted they had not been given any new tree-cutting Code, so they should follow what was in Code or else they would be arbitrary and inconsistent. After discussion, Sallee asked to reconsider the previous vote because the applicant would have to wait a year to re-apply, and the application was approved on the second vote.
April
- Cottingham again maintained there were duties listed in Code that Planning was not performing. Harman stated they did not have the budget to accomplish what he suggested, and commissioners voted to remove the topic from the agenda. Nevertheless, Cottingham earnestly pursued his points, but other commissioners shared neither his urgency nor his vision.
- City Economic Development Coordinator Glenna Booth produced a list of venues licensed to perform weddings that were without a license or were sites that formerly had a license but had changed hands and the new owners did not renew the license. Commissioners sent the list to council to be included in Code.
- Abbey suggested the city could offer rebates of some kind to residents who employed water management strategies such as rain barrels. Booth suggested they start by looking at permeable pavements in the landscaping requirements for parking lots in Code.
May
- Sallee told commissioners she had researched the matter of Commissioner Conduct with both the Arkansas Municipal League and the Chicago office of the American Planning Association (APA) Ethics Office because of actions taken by Cottingham. She read from the Ethical Principles in Planning adopted from APA that commissioners must abstain from discussions that might benefit them or closely-related persons, and such conflicts should be disclosed publicly. She claimed Cottingham had announced he was running for mayor within ten days after his first Planning meeting, and had posted videos online stating he was a Planning commissioner and campaigning on the same points he brought up in meetings. She said a Municipal League city planner disagreed with Cottingham’s insistence on the need for a new Master Plan. Sallee told him to either remain on Planning and abide by their decisions or resign and go after his goal as a citizen. Cottingham resigned at the end of the meeting and continued his campaign for mayor.
- Planning heard from Joel Walker about his application to build a single-family home and a duplex on Fuller Street, but he would have to remove 61 trees from the site. Neighbors voiced opposition, and commissioners balked at approving removal of so many trees. They recommended Walker get HDC approval first and then they would meet him at the site.
June
- More opposition was aired regarding Walker’s plan. He altered the tree cut to only 43 trees, but commissioners wanted a vegetation plan and a water runoff mitigation plan. Sallee mentioned there should also have been a grading permit for the project. After much discussion, Harman moved to approve the application with conditions: The application would be amended to only 43 trees cut and Walker would update his application to show a vegetation plan and sites of retaining walls.
- Commissioners voted to recommend a six-month moratorium on issuing Conditional Use Permits for Bed & Breakfasts in the R-1 and R-2 zones. City council voted it down.
- Mayor Berry told Sallee the section regarding grading for a construction project was intended for commercial projects. He would ask the building inspector to prepare a clearer statement for council to consider.
July
- Three proposed ordinances based on suggested changes to Code which commissioners had submitted to council in 2017 were returned for clarification. Nuances of meaning for the words “residence, domicile and register” were part of the issue. Commissioners parsed and wrangled at length to come up with satisfactory modifications.
- Decision on the application for a CUP for a three-unit B&B at 9 Thomas Drive was deferred because Sallee pointed out there was a covenant for properties on the street which allowed only residences. Police Chief Thomas Achord had been asked and he said the city does not enforce covenants. Commissioners wanted an attorney’s opinion.
- Sallee said she would draft a letter to all B&B owners in residential zones alerting them to make sure they were in compliance with the requirements of their CUP.
August
- A workshop on the topic of eliminating further CUPs in residential zones drew hosts of citizens for and against. Some considered B&Bs a commercial intrusion into neighborhoods and others said they were under control. When Sallee asked for a show of hands regarding CUPS in residential zones, eight were for the status quo, seven were for eliminating any new CUPs and at least as many did not vote. Sallee said Planning would continue its study.
September
- Three applications for CUPs, including 9 Thomas, were denied at the Sept. 11 meeting.
- Sallee announced she had mailed the show cause letters to B&B owners in the R-1 and R-2 zones.
- Abbey was presented with a laminated zoning map so she could pinpoint existing CUPs in the R-1 and R-2 zones.
- Buford presented his draft of a modified tree cut application.
- Sallee requested complete and up-to-date pages missing from some Code books given to commissioners. She had pointed out to the mayor instances where definitions in Code did not match, plus there were ordinances council had been passed but not codified.
- A tree cut and parking lot expansion for Mei Li Restaurant was approved with modifications.
October
- Sallee was pleased to present all the pages missing from some of their Code Books.
- Abbey presented her draft of an amended CUP application and it was approved.
November
- Due to two vacancies on the commission most of the year, it was suggested they recommend to council reducing the number of commissioners from seven to five. Other commissioners agreed.
December
- Commissioners approved a setback variance for a garage at 9 Prospect.