Planners discussed the specifics of a new proposal to change city rules on variances, waivers, conditional-use permits, and rezonings at Thursday's work session.
They also heard a request for a conditional-use permit that would allow a fireworks stand to open near Wishing Springs Gallery.
The commission also pondered creating a new zoning district, R-C, or Residential Cabin. This district would only apply to Old Bella Vista.
At last month's work session, commission member Doug Farner argued that Bella Vista's legal notification process placed an undue burden on residents. Since then, city staff has been comparing the way Bella Vista handles that process to the way surrounding cities, including Rogers and Bentonville, do.
Planners expressed interest in reworking the system so that it more closely resembles nearby cities.
"We require the applicant to be responsible for published notice, written notice, printed notice, and everything like that," Farner said. "Why?"
"When we were first a nascent community there wasn't enough in the budget for those sorts of notifications, so we tried to put the burden on the applicant who was asking for those notifications," said Chris Suneson, director of Community Development Services.
"We're the only community in Benton County that requires a radius search on a variance," said Chairman Daniel Ellis. "I don't think the city of Bella Vista should require a written notice on a variance. None of the other cities do."
Other planners agreed that the system should be overhauled.
"I tend to agree," said commissioner Jaime Kemp. "Especially if we're still doing public notices, I think that's sufficient. And applicants still have to put out a sign for adjacent property owners."
Farner argued that the city should pay for and provide those public notice signs.
"I think if you're talking about changing the use of the land, which is what rezoning is, then there needs to be a mailer that goes out and says so," Ellis said.
Commissioner Don Robinson noted that Bella Vista is unique to other cities in the area.
"Bella Vista is strange because we have all sorts of oddly shaped lots, whereas the big cities have more standard lots," Robinson said. "I think that individuals ought to have some responsibility to know what's going on in their neighborhood, too. A sign should be sufficient.... I like the idea of a standardized sign. If you drive around you'll learn what the look of those signs are and understand that it means 'public notice.'"
"Should the posted notice and the published notice also be the responsibility of the city?" Ellis asked.
"I think so," Farner said. "We'd be taking some of the burden off of the property owners, which would make it easier to go to the Board of Zoning Adjustments."
According to the city staff's findings, only Rogers provides assistance for public notifications by newspaper and signage for all applications. Bentonville provides assistance with newspaper public notifications and signage, but only for rezoning.
"I want to make sure we're all saying the same thing," Ellis said. "On variances, it's just a posted sign and an (ad) in the newspaper done by the city. On conditional-use permits and rezones, the notification perimeter is 200 feet, and the applicant is still responsible for the written notice but the city will do the posted notice and publish notice."
Planners agreed that the waiver process should not change.
The proposed fireworks stand is nearly identical to the one that has occupied the Wishing Springs parking lot for the last few years.
"The stand will run from June 21 through July 5," said Ryan Blue, an attorney representing the applicant. "I think we've provided numerous documentation in support of that application."
"The legal notifications have all been met," said City Planner Jennifer Bonner.
"We'll take this up on May 9," Ellis said.
According to city staff, the new R-C zoning district is needed to accommodate structures that have been there since the 1920s.
"I took the P-1, which is our open-space (zone), and went to the opposite extreme," Bonner said. "I put some green-space options in there and provided some building setbacks. I tried to do something that was between our R-1 and R-2...but this is just a suggestion."
"It's very dense," Farner said.
"None of the lots there meet R-1, which is why we're trying to create the language first before we try to zone those pieces," Bonner said.
Planning Commission Member Gail Klesen was absent.
The next Planning Commission meeting will take place at 5:30 p.m. May 9 at City Hall.
General News on 05/04/2016