City staff, developer not in agreement on conditions

SILOAM SPRINGS — Planning commissioners approved a significant development permit for the 1600 block of East Kenwood Street and the 1800 block of U.S. 412 East during their June 13 meeting.

The permit is for the construction of a 10,381-squarefoot commercial office/bank building, according to a staff report prepared by Maegan Thomas, Planner 1, on May 22. The commissioners voted 6-0 to approve the permit with Commissioner J.W. Smith absent.

The permit will go before the city board July 5, the report states. Thomas presented the permit to the commissioners. City staff is recommending approval with four conditions:

• The applicant, Syndicated Development, shall comply with exterior parking lot lighting standards, including a photometric plan in the architectural plans, prior to building permit issuance.

• The developer shall provide opaque screening along the viable residential property to the west prior to building permit issuance.

• The applicant shall file access easements via separate instrument as directed by the city engineer prior to certificate of occupancy.

• The construction plan set shall comply with building height restrictions for roadway commercial zoning districts prior to building permit issuance.

Thomas also noted there is a parking reduction request included with the proposal, which is considered a reduction of 10 required parking spaces. She also said the lot is currently zoned residential large family and roadway commercial with a house on the residential portion of the lot.

After the presentation Vice Chairman Chris Salley asked if there was anyone attending on behalf of the developer.

Ron Homeyer from Civil Engineering spoke on behalf of the developer. Homeyer said he and the developer are OK with the first and third conditions but are not in agreement with the other two conditions.

“I know staff ’s making a case that it’s only viable use would be residential because of the current zoning,” Homeyer said. “But this property is not touching the residential zoning. It’s touching the C-2 zoning.”

Commissioner Isaac McKinney asked Thomas to address Homeyer’s concern about the fourth condition and asked why the condition is listed if it’s part of the code.

Thomas tells him that it is part of the review for significant development because the city does not have any plans showing that the building meets the height restriction of 35-45 feet.

Commissioner Ted Song asked Thomas to comment on the second condition regarding the opaque screening. Thomas said the opaque screening is required along the residential lot because the lot dimensions are not appropriately sized for roadway commercial use.

“They cannot use that for commercial use at this time unless they rezone the lot,” Thomas said. “The only use by right at this moment is a residential home to be constructed on it.”

Commissioner Kevin Williams asked if the roadway commercial lot is a separate lot. Thomas said the lot is all one lot so a portion of the lot is zoned roadway commercial and the other portion is zoned residential large family.

“The portion of the lot that is zoned C-2 is not viable to be used for commercial. Because of the lot dimensions the entirety of the lot does not meet the standards for a C-2 lot,” Thomas said. “So they could not construct commercial on that lot without first doing a rezoning and a lot consolidation to make it meet the minimum standards for a C-2 lot.”

The planning commissioners also approved and heard the following items:

• Significant development permit for 420 N. Simon Sager Ave.

• Rezone development permit for the 2600 block of North Country Club Drive from residential medium to planned development.

• Rezone development permit for the 400 block of North Progress Avenue from agriculture to roadway commercial.

A three items will go before the city board on July 5.