Planning Commission tables questions

All four City Council members were in attendance at the March Planning Commission meeting. They sent a conditional use request back to planners after hearing an appeal from business owner Jim Erwin.

The appeal was initially denied by the council when a motion to overrule the planners by Ray Easley failed to be approved. Then Mayor Jackie Crabtree asked if there was another motion, at which point Council member Bob Cottingham said it should be sent back to the planners for a vote of all the members.

The request, rejected at the planners’ February meeting, was tabled March 7 because of the absence of a commissioner and the prerequisite by the council that all planners vote on it. At the Feb. 21 council meeting, Erwin claimed three planners were “hypocrites” and were personally biased against him. At that meeting, on a motion from council member Bob Cottingham, seconded by Steve Guthrie, the issue was sent back to the planners for a vote from the full body.

There was not a city attorney present at the February Planning Commission meeting.

The conditional use request is for 750 Slack St., a piece of property adjacent to Erwin’s tow lot which already has a conditional use.

Planner Jerry Burton, said, “I was at the City Council … they were adament that the full Planning Commission be here, to hear … we’re still lacking one member, we passed it the original time unanimously with four members. We’re lacking one member. We should table it until we get full planning commission.”

“That’s why I wanted the attorney here, to get his opinion,” Burton said.

Chairman Zach Hoyt said he would like an attorney opinion, too.

“As far as I’m concerned, we had a quorum, a vote was taken. I would be very curious to hear a legal opinion on it. From where I sit, I don’t know that we can

revote it,” Hoyt said.

Planners unanimously agreed to table the decision on the request and then considered a “show cause” on Erwin’s current property at 724 Slack St. Building official Tony Townsend presented documents from a meeting held with Townsend, Crabtree and Jeff Hawkins, executive director of the Northwest Arkansas Regional Planning Commission. As a result of the opinion by Hawkins, planners were told that many of the issues in question simply needed the building official’s permission.

“You’ve picked on me … discriminated against me,” Erwin said to the planners. “It’s time for it to stop.”

“There have been misleading statements made to the Commission … the business was expanded onto an unapproved lot and there has been continuous conflict with surrounding residents and businesses,” Hoyt said to Erwin.

Townsend said the business was originally approved July 2, 2013, and although it received a conditional use, no conditions were placed on it. Expansion into the adjacent lot was denied Aug. 6, 2013.

“He’s been there since 2001,” Townsend told planners.

“The city issued him a business license without checking to see if it was properly zoned … later brought to my attention that he was not in correct zoning, so it came back to Planning Commission. He came and asked for a conditional use,” Dr. Karen Sherman, planner, said.

Townsend said a letter was written by former city attorney Howard Slinkard June 18, 2013.

“The business was almost just grandfathered in, in essence,” Burton noted.

Hawkins told planners the city’s current zoning ordinance is “woefully inadequate” and needs to be updated. “Unfortunately your ordinance is very narrow.”

Sherman, who has served on the commission for 23 years, said over the past two decades there have been many meetings for long-range plans.

“In the past, gruesomely week by week, volunteers, over time hacked this out and put together,” Sherman said, asking how should the commission proceed to revamp the ordinance.

“I feel like that’s something that needs to happen for this Planning Commission to continue. I don’t want to address these issues over and over again. The city needs to take ownership of this,” she said.

The commission voted to continue the conditional use permit for Erwin for 724 Slack St.

Mayor Crabtree proposed that he and Hawkins look through old zoning ordinances and make a list of necessary changes.

Planners agreed to not consider any more conditional use requests until the ordinance is updated.

In other business, planners:

• Approved a variance for side set backs for 1389 S. Curtis Ave., with planner Al Fowler recusing himself.