By Nicky Boyette – The Planning Commission began 2016 considering the application by David and Carrie Marry to build a 16-unit Planned Unit Development on East Mountain. The Marrys presented what they considered an environmentally-sensitive, aesthetically-coordinated plan.
Commissioner Tom Buford pointed out the Marrys’ plan did not comply with City Code regarding a PUD in that they had not specified the sizes and locations of each unit in their application. Other commissioners wanted to allow leeway, and the plan was approved 5-1.
Commissioner Steve Beacham took over as chair at the Feb. 9 meeting, and first on his menu was food trucks. Beacham mentioned one important point would be to define food trucks, and quickly other particulars surfaced such as proximity to restaurants and hours of operation. Commissioners agreed to look around town to see where food trucks and trailers might fit in, then figure out what to with City Code.
At the following meeting, commissioners discussed the topic with alderman James DeVito, and suggested council create an ordinance permitting food trucks and trailers to operate on private property in the C-1 and C-2 zones and with a special permit in any zone during a special event.
At the March 8 meeting, the commission denied a request for a Conditional Use Permit for one-unit Bed & Breakfast at 6 Hazel and a variance to the 200-ft. rule.
The April 12 meeting had standing room only because of the application for a one-unit Bed & Breakfast at 23 Elk. Seventeen letters and eight speakers stated opposition because there was a tourist lodging nearby, and speakers were adamant the B&B would irreparably damage the neighborhood by increasing traffic.
One letter was in favor of the application, and applicant Gary Toub pointed out he and his wife, Kathy Martone, had complied with everything they had been told at city hall. Nevertheless, the vote on the application was unanimous to deny it.
On a related subject, Beacham said City Economic Development Officer Glenna Booth was compiling a list of all B&Bs in town in an effort to determine if any were operating contrary to City Code. He said Booth had identified a few scofflaws. There was consensus that besides lax enforcement of existing laws, there were parts of Code that needed clarifying.
Beacham said because of concerns voiced by citizens regarding tours, some of which were reportedly late at night and on properties not identified as tour homes, Planning would include tour homes in its review of Code along with B&Bs, tourist lodgings and the 200-ft. rule.
Also at the April 12 meeting, Beacham announced the passing of long-time commissioner Ed Leswig.
The April 26 meeting was the venue for more B&B debate. Jaclyn Cross and Stephen Scott Dobbins applied for a CUP for a one-unit B&B behind their house at 5 Kirk. There were speakers for and against the application, but the prevailing sentiment was to deny.
At the May 10 meeting, for the third meeting in a row, Planning dealt with a request for a CUP for a B&B, and this one was within 200 ft. of other B&Bs. Henry Branstetter and Tom McCoy wanted to restore the large structure at 8 Washington, and to help pay for the renovation, they wanted to open a two-unit B&B. They also needed a waiver of the 200-ft. rule. Vote to approve the CUP and the variance was unanimous.
The application for a CUP at 23 Elk returned to Planning because council city council chose not to make a decision on the appeal by Toub and Martone. Beacham explained the appeal process for Planning and asked Toub and Martone to return to the May 24 meeting to make their case. On that date, Planning denied the application again.
Tour operators Steve Arnold and Charles Mowrey responded to comments made at previous Planning meetings regarding activities associated with their Haunted Eureka Springs tours. Mowrey said he would fire tour operators who allowed what some of the neighbors have claimed.
Susan Harman was seated to fill the vacancy on the commission. However, Steve Beacham resigned from the commission in June following a vote by city council to approve the application for the CUP at 23 Elk after Planning had voted it down twice. Commissioner Pat Lujan was voted in as the new chair.
At its June 27 meeting, city council imposed a six-month moratorium on issuance of new licenses for B&Bs to allow Planning time to come up with its recommendations.
At the June 28 meeting, commissioners held Show Cause hearings for five properties that appeared to be in violation of City Code.
In July, Ann Tandy-Sallee was seated to fill the vacancy on the commission.
On Sept. 13, Jim von Tungeln, attorney for the Municipal League, shared observations about issues Planning had been facing. He told commissioners to decide if the city wants only single-family homes in neighborhoods or if B&Bs are allowed.
Lujan announced at the end of the Oct. 25 meeting he was resigning.