Commission denies rezoning permit request

Javier Chavez concluded the letter by saying if the permits are denied he will have to consider putting in an industrial commercial property, which could include an adult or sex-oriented business.

SILOAM SPRINGS — Planning Commission members voted 5-1 May 12 to deny a rezoning permit for a subdivision in the 900 block of South Washington Street, which may lead the developer to look at various uses permitted in industrially zoned properties, including adult and sex-oriented businesses.

The commission met online with Todd Colvin, Jerrod Driscoll, Isaac McKinney, Chris Salley, J.W. Smith and Ted Song present. Thomas Montgomery was absent from the meeting. Only Smith voted in favor of the permit.

Chavez Management sought to rezone 1.76 acres of a 2.84-acre vacant lot on South Washington Street being used for a drainage channel from C-2 roadway commercial to R-2 residential, medium and plat 10 single-family lots on the 2.84-acre lot.

The reason for the rezoning permit is only part of the total is zoned as commercial while the remaining 1.08-acre portion is zoned as residential. The commission voted to deny both the rezoning and plat permits.

Javier Chavez sent a letter to the city detailing reasons the permits should be approved. He concluded the letter by saying if the permits are denied he will have to consider putting in an industrial commercial property, which could include an adult or sex-oriented business.

The issue will go before the city board of directors June 2.

Senior planner Ben Rhoads gave several reasons for recommending the permits be denied, including the area’s incompatibility with the land use map; proximity to an auto body shop to the east of the property; the Kansas City Southern railroad track adjacent to the potential subdivision’s back lot; the neighborhood context of having a subdivision among large houses; and drainage issues.

The whole area of empty lots, including the lot Chavez wants to rezone, are intended for industrial use, Rhoads said. The idea is industrial users in the area would want sites with direct access to the railroad with only some lots with direct access, Rhoads said.

Chavez’s proposed channeling water runoff to the rear yards of each lot through a designated drainage easement, Rhoads said. While he acknowledged this will work in terms of storm water engineering, Rhoads said staff was concerned about the viability of the long-range maintenance of this easement. Additionally, staff was also concerned about fencing or other material washing down stream or causing a damming effect due to rain, Rhoads said.

Rhoads said it’s easier to manage drainage issues with only one property versus subdividing it into nine lots with nine property owners.

Gary Scism, a resident who lives on South Washington Street, said he would like the zone to remain commercial, because he isn’t in favor of putting in a subdivision on the small property.

Colvin, commission chairman, consulted Jay Williams, city attorney, and asked if the rezoning permit would just go before the city board June 2 without a recommendation. Williams said Colvin was correct.

Colvin asked Williams how to handle the preliminary plat permit. Williams said they can discuss it but can’t vote on it unless they vote on the rezoning permit.

Chavez’s letter addresses and counters the points the city made, stating there are residential homes to the north, south and west of the lot. The only building not a home is the auto body shop, the letter states.

Since the land use map designates the lot as industrial, the map will require the area along the west side of the railroad tracks to be converted from residential use to industrial uses, the letter states.

The letter also mentioned the developer has a plan for the drainage issues. A new drainage ditch would be required and was proposed during the process. However the additional fill, similar to what was done for the nearby auto body shop, would correct the problem.

If the city intends to apply the land use map recommendation for the lot, then Chavez will have to consider a request to change this property to industrial zoning, including the possibility of having a sex-oriented business in a largely residential area, the letter states.

“I do want to speak to the commission since we’ve not moved from either one of these topics,” Colvin said after hearing the letter. “We still have to remember our scope, and yes this still goes to the board of directors.”

Colvin also added the commission doesn’t provide the same role as the board and when the commission doesn’t have a motion either way it puts the board in a spot.

Smith asked if the motion could be brought back up.

The commission voted 5-1 to deny the rezoning and preliminary permit with Smith voting against the denial of both the rezoning and preliminary plat permit.

Colvin said he’s voting to deny the permits because of how the land use map has the property zoned.

Smith said the following day, based on what was presented and the letter read, he had to vote no.

“Prior to having the letter read I was leaning the other way,” Smith said. “There were just too many underlying circumstances of it.”

Marc Hayot may be reached by email at mhayot@nwadg.com.