Planning commission to discuss drive-through codes

The Siloam Springs planning commission scheduled a special meeting for 5:30 p.m. Monday to discuss a code change concerning drive-throughs, according to an email sent by Ben Rhoads, senior planner for the city.

The special meeting comes after discussion over Ordinance 19-25, relating to drive-throughs grew heated at the Nov. 5 city board meeting. At press time, an agenda for the special meeting had yet to be released.

The planning and zoning committee first voted to recommend an update to the existing driveway city code during their meeting on Oct. 8. At the October meeting, Rhoads said deficiencies in the existing driveway codes became apparent when Taco Jake's was denied a variance for a drive-through lane in August. It became apparent the current city code didn't address this aspect of commercial development, he wrote in a staff report to the planning commission.

The newly proposed code addresses drive-through lane design standards, such as surface material, width, stacking distance or the distance allowed for cars to line up at the window, landscaping, intersection with the street, lane markings, parking, pick-up and order window placement, and hours of operation.

While the Taco Jake's situation brought the code deficiencies to light, the amendments are not related to Taco Jake's and do not mean the drive-through lane at Taco Jake's will be automatically approved, Rhoads said in October.

The ordinance went on to pass its first reading by the city board on Oct. 13 and was on its second reading before the city board on Nov. 5 when several citizens spoke against it. This led Phillip Patterson, city administrator, to recommend the ordinance be withdrawn and presented again once it has been reviewed.

Geri Cruz, who lives near Taco Jake's, addressed the board on Nov. 5. Cruz said there is no room at the present location of the restaurant for a drive-through.

Cruz recommended that Frese find another building for Taco Jake's or consider getting a smart phone app where customers can place their orders and drive up to the restaurant to pick up their food.

Carla Wasson, who also lives near Taco Jake's, said the ordinance is unfair for a number of reasons, including that it would impact property values and the quality of life for residents who live near the drive-through in question.

Wasson said the spacing between the residences and drive-through was ridiculous.

"The minimum distance requirement is ridiculous, 100 feet is nothing if you have a speaker box close to your neighborhood," Wasson said. "I've had one 500 feet from me and you can hear it when you're outside."

She pointed out the glare from the headlights would impact residences near the drive-through.

"As it is, when Mr. Frese was operating the restaurant, when people came around to park behind the restaurant the glare from the headlights in my house was a problem," Wasson said. "There is nothing to screen it."

Wasson and Cruz also voiced concerns about two separate fires they said Frese started in the backyard of his nearby residence to burn trees and limbs. Wasson and Cruz said the fires were poorly monitored and burned out of control at times. Cruz said the incidents testify to Frese's character. Frese replied that he had permits for the fires.

Frese also addressed the planning commission.

"I thank you for all that you do and hope that you make unbiased decisions on (the drive-through ordinance) and everything else that comes before you for the betterment of our community," he said.

During the Nov. 5 meeting, director Brad Burns said that a solution was to add screening to the businesses that would operate a drive-through near residences.

Director Marla Sappington said the ordinance and Taco Jake's request for a drive-through needed to be kept separate.

General News on 11/17/2019