A shorthanded Planning and Zoning Commission tackled a long agenda on Tuesday. With Commissioners J.W. Smith, Ted Song, Kolin Blakely and chairman Karl Mounger present, the Planning and Zoning Commission and Board of Adjustments combined to address the longest slate of planning items of the year.
Headlining the meetings were a trio of zoning code amendments, two of which were related to establishing medical marijuana planning and zoning policy in the city.
City Attorney Jay Williams said the medical marijuana codes do not affect federal law, and that even if potential developers are in compliance with city law, they can still be found in violation of federal law.
"We feel that this is the appropriate response based on information that was given to us by the state commission," said Senior Planner Ben Rhoads. "We need a local ordinance for this kind of use."
The proposed ordinance would make it so pharmacies and medical marijuana facilities are allowable in commercial and industrial zones, but only with a special use permit, which would be approved by the board and considered by the Planning and Zoning Commission. Any facilities would also have to meet the distance requirements from schools, churches and similar buildings.
"As you know, you can't vote against something simply because you don't like it," said Rhoads.
Rhoads said the new ordinance would give planners and board members more flexibility in considering the impact a project could have on its surroundings. A proposed amendment to the city's code on special use permits would require that any approved facility "will be compatible with, and respect the context of, its location and the character of existing surrounding neighborhoods."
Lisa Oliva stood to speak during the public comments section of the hearing. Oliva said she lived in California, and said there would be adverse effects no matter where medical marijuana facilities located, urging stricter rules.
There are no current proposals for medical marijuana developments in Siloam Springs, Williams said. In June, the Board of Directors passed a 180-day moratorium on such developments, which expires in mid-December.
Mounger said he had previously served in law enforcement and did not like the constitutional amendment that was passed last year, allowing medical marijuana. Mounger commended the city staff for the new rules.
Planners endorsed all three code amendments unanimously, 4-0.
Besides establishing a city policy to address medical marijuana, the code amendments addressed topics including accessory buildings, which will now need permits to install, weight restriction updates for residential parking to allow for larger modern trucks and parking lot lighting.
Amendments were also proposed to regulate the offset between driveways to minimize conflicts between drivers pulling onto a street or highway, and to change the way the minimum distance from an arterial street that a parking space may be installed.
"I look forward to this being approved," said Song, who was on the committee that gave feedback on the proposed changes in advance of the hearing.
The changes were endorsed with no further discussion. All three amendments will go before the Board of Directors on Sept. 5.
Planners also approved:
• A Significant Development Permit for a Freddy's Frozen Custard & Steakburgers restaurant, with two adjoining retail spaces, located at 2325 East Main Street.
• A Significant Development Permit for a self-storage facility at 3758 East Highway 412. Planners attached conditions that a 23 percent parking reduction had to be approved, a sidewalk needed to be constructed, updated architecture plans are to be submitted and a utility easement filed before building permit issuance.
• A Significant Development Permit for Harvard Avenue Baptist Church, which applied to build a gym.
• A rezoning permit for 708 East Main Street. The property would be rezoned from R-2 to C-1A. Rhoads said there are no proposed plans yet for a business on the property.
• A rezoning permit application for East Kenwood Missionary Baptist Church from R-2 to G-I. The entire property is not being rezoned because part of the church's property has not yet been annexed into the city. The project met with some resistance from neighbors who protested a pending construction project.
• A rezoning permit from C-2 to R-3 for 829 South Mt. Olive Street. This application, along with all of the above permit applications, go to the Board of Directors on Sept. 5.
• A Lot Split Development Permit for the 2100 Block of Talia Trail.
• A Lot Split Development Permit for the 400 block of East Helena.
General News on 08/13/2017