I. CALL TO ORDER II. CONSIDERATION OF MINUTES: November 24, 2010, mailed under separate over III. OLD BUSINESS: None

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1 I. CALL TO ORDER II. CONSIDERATION OF MINUTES: November 24, 2010, mailed under separate over III. OLD BUSINESS: None IV. NEW BUSINESS: 1. Use Permitted on Review request to operate an event center in a B-2 Commercial zone at 2901 S. Olive Street, Suite UPOR request to operate a towing and recovery business with holding yard at 3201 W. Pullen Street in an I-3 Industrial zone. 3. Various definitions (event centers, recreation facilities, restaurants, taverns, bed and breakfasts, and the like) and recommended zoning districts for the defined uses. 4. Presentation by Robert Tucker concerning the adoption of the Pine Bluff Commercial Historic District as a locally designated historic district. V. COMMITTEE REPORTS VI. PLANNING DIRECTOR S REPORT VII. ADMINISTRATIVE MATTERS VIII. OPEN DISCUSSION IX. ADJOURNMENT

2 AGENDA ITEM #1 RECOMMENDATION TO THE PINE BLUFF PLANNING COMMISSION SUBJECT: Use Permitted on Review request to operate an event center in a B-2 Commercial zone at 2901 S. Olive Street, Suite 7. APPLICANT: Main Event Center (Jeffrey Pulliam) ZONING AND LAND USES: ZONING: North: B-2 Shopping Center LAND North: Shopping Center (Citi Trends) South: B-4 Commercial USE: South: Vacant Wooded East: B-4 Commercial East: Vacant, Church (across Main) West: B-2 Shopping Center West: Shopping Center (Rent-a-Center, etc.) REVIEW COMMENTS The applicant desires to relocate the Main Event Center from its current location in Suite 6A of Jefferson Square Shopping Center to Suite 7 at the request of his landlord. The event center s current location is in the building with the large Citi Trends sign on it. The proposed site is in the western half of the stand-alone building located south of and across a parking lot and drive from its current location. This building was originally constructed as a Campbell Bell Department store, but since that time has been in a number of uses such as a nightclub, bingo hall, and antique/indoor flea market. The event center was issued its current zoning permit by previous zoning officials without being required to come before the Planning Commission. The current zoning official has determined that an event center should be treated as a UPOR since it is a unique business that is not covered by the zoning ordinance. If the event center were to remain located at its current site, it could continue to exist. However, since the landlord is requiring the applicant to move his business to a different location within the shopping center, a UPOR is required. The applicant states the event center is used for birthday parties, gospel musicals, family reunions, fashion shows, meetings and banquets, outdoor events, musical shows, plays and comedy shows, college dances, weddings and wedding receptions, corporate events, speaking events, etc. They state the hours are flexible but no public events shall go past 3 a.m. The subject site appears to be a relatively good site for an event center. It is in a commercial area. The business that would be located in the same building as the proposed center will for the most part not be open when the event center is in operation (nights and weekends). The subject site is separated from other buildings by large parking areas. The building has been in use previously by social-type businesses.

3 AGENDA ITEM #1 RECOMMENDATION The Planning Staff recommends approval of the proposed relocation of the Main Event Center subject to the following conditions: 1. The UPOR permit is non-transferable. 2. The center shall not be used as a means to operate a late night, BYOB nightclub. Events held at the center shall be verifiable as legitimate events such as banquets, birthday parties, graduations and graduation parties, reunions, homecoming parties, anniversary parties, receptions, weddings, Super Bowl or other sports watching parties, or other similar activities. 3. The center premises shall be vacated by all patrons no later than 3:00 a.m. 3. Should the center be classified as a nuisance by the Pine Bluff Police Department, the UPOR permit may be revoked. At such time as it is classified as a nuisance, the applicant will be required to appear before the Planning Commission where additional conditions may be placed upon the UPOR permit or the permit may be revoked. This appearance before the Planning Commission shall be a public hearing and shall occur at the next Planning Commission meeting that can meet the UPOR public hearing publication requirements.

4 AGENDA ITEM #2 RECOMMENDATION TO THE PINE BLUFF PLANNING COMMISSION SUBJECT: UPOR request to operate a towing and recovery business with holding yard at 3201 W. Pullen Street in an I-3 Industrial zone. APPLICANT: LANCAM Towing (Kevin Langel) ZONING AND LAND USES: ZONING: North: I-1 Industrial & B-3 Commercial LAND North: Same property (Industrial buildings) South: B-3 Commercial USE: South: Three Small Single Family Homes East: B-3 Commercial East: Railroad Tracks, then Commercial West: I3 Industrial West: Vacant REVIEW COMMENTS The applicant desires to operate a towing and recovery business with holding yard on part of the subject site. The site has been operated by Pine Bluff Brake Shoe and by Castings USA. It has been vacant for a number of years. According to the applicant s site plan and narrative, they intend to use Buildings A and B for inside storage of vehicles they have towed to the facility. They state that the vehicles are normally picked up by owners or insurance companies within seven to ten days. The area is zoned for major industrial purposes, which can be a much more intensive use than that requested. The Pullen Street-Rhinehart Road corridor is a collector street providing access to Dollarway Road and University Avenue, so there is an adequate street system in place for the proposed use. Because the existing buildings are older and have been vacated for many years, it would most likely be difficult and expensive to bring them to a standard for new industrial operations, so the proposed use appears to be an appropriate alternative use. This use appears suited to the area, and the ability to house towed vehicles within a building will help maintain the status quo of the site. RECOMMENDATION The Planning Staff recommends approval of the UPOR request to operate a towing and recovery business with short-term holding yard on the subject site. If any salvage yard activities are desired to be added to the site, a separate UPOR will be required.

5 NEW DEFINITIONS AND ZONING FOR EVENT CENTERS, ETC. AGENDA ITEM #3 A few months ago, the City placed a moratorium on new event centers being established in the City. These centers were been requested more often and were treated as UPOR s because there wasn t anything in the Zoning Ordinance that covered them. Some of them because nuisances, and the Police Department had to get involved. In addition to problems with event centers, the zoning staff also had problems with people wanting to get permits for a restaurant, but in reality they would operate as after-hours, BYOB clubs. Similar problems arose due to interpretation of recreation centers. The following are some definitions that I think might help in our problems with recreation centers and event centers as well as restaurants and recreation centers. I have indicated in what zone I think they should be permitted. I would like to discuss these definitions and recommending zoning districts at this meeting (and hear from the public if anyone desires to speak on the subject), and have the full ordinance prepared for a second public hearing next month. Commercial indoor amusement facility. Establishments providing multiple amusement or entertainment devices or machines as other than incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades. Seven (7) amusement machines/devices or less shall be considered an incidental use of the premises unless said devices occupy fifty percent (50%) or more of the gross floor area. This definition shall not include facilities that sell alcoholic beverages at retail for consumption on the premises or that allow alcoholic beverages to be brought on the premises by patrons. This use does not include adult oriented businesses set forth in Article VII of this Chapter. Commercial indoor recreation facility. Establishments having primary uses such as bowling alleys, ice or roller skating facilities, gymnasiums, athletic clubs, swimming pools, or other such activities wholly enclosed within a building. Recommended as a permitted use in the B-3 and B-4 zones. Restaurant. Any public or private place: (1) Kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are served and where complete meals are actually and regularly served, without sleeping accommodations; and,

6 AGENDA ITEM #3 (2) Such a place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members; and, (3) Where at least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating. When permitted as a Restaurant, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. Restaurant, entertainment. A restaurant (see definition) providing as a principal use the combination of commercial indoor amusements or other entertainment and on-premises dining that may include the selling of alcoholic beverages at retail for consumption on the premises where neither the recreation nor the on-premises dining is clearly accessory or incidental to the operation of the other. Recreation may include but is not limited to television and motion picture; sound and sight systems; mechanical- and/or electronic-operated games; animated mechanical devices and/or rides; and live entertainment. An example of an entertainment restaurant is a family oriented sit-down restaurant that provides various amusements for children or a supper club offering live theater or stage acts for entertainment to dinner guests. When permitted as an Entertainment Restaurant, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in Article VII of this Chapter. Diner. A diner shall have the same definition as a restaurant except that the seating capacity is less than fifty (50) people. Tavern. Any establishment selling alcoholic beverages at retail for consumption on the premises in which the principal business is the sale of such beverages and where sandwiches and snacks may be available for consumption on the premises. Taverns include bars, pubs, cocktail lounges, and similar establishments but do not include nightclubs or private clubs. Taverns may offer incidental amusement or entertainment devices or machines such as described under Commercial indoor amusement facilities. When permitted as a Tavern, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in Article VII of this Chapter.

7 AGENDA ITEM #3 Nightclub. Any establishment that provides dancing involving a dance floor with 200 square feet of floor area or greater with music or live entertainment in conjunction with the sale of alcoholic beverages at retail for consumption on the premises. When permitted as a Nightclub, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in Article VII of this Chapter. Private club. A restaurant, entertainment restaurant, tavern, nightclub or any combination thereof recognized by or licensed as a private club by the Arkansas Alcoholic Beverage Control Division and licensed as such for the retail sale, distribution or on premises consumption of alcoholic beverages. When permitted as a Private Club, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in Article VII of this Chapter. Special occasion events. Events such as banquets, birthday parties, graduations and graduation parties, reunions, homecoming parties, anniversary parties, receptions, weddings, Super Bowl or other sports watching parties, or other similar activities hosted by an individual or group, to which food and drink may be catered or provided on-site by the Event Center or Banquet Hall where the event is being held. Event Center or Banquet Hall. A commercial or governmental facility such as a fraternal lodge, Convention Center, City park building, structure, picnic grounds, or other City owned or operated site, country club facility, or hotel that has, in addition to other uses, meeting and gathering space designed specifically to provide a venue for holding Special Occasion Events. New commercial event centers/banquet halls may not be established unless in conjunction with a use listed above. Restaurants, entertainment restaurants, diners, taverns, night clubs, and private clubs are not considered event centers or banquet halls and cannot be operated as such at any time. Bed and Breakfast facilities may hold Special Occasion Events with an approved UPOR, where permitted, which may limit the number and type of special occasion events that can be held. Event centers approved as a UPOR or otherwise allowed under previous ordinances that were in operation on, 2010 shall be considered approved uses until such time as the facility ceases operation and remains closed for a period that exceeds one (1) year, is converted to a permitted use, or is damaged or partially destroyed and the expense of restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time such damage occurred. If a previously approved event center has been closed for over one (1) year, the property owner may apply for a UPOR to establish a new event center/banquet hall on the site, however, the Planning Commission is under no obligation to grant the UPOR request.

8 AGENDA ITEM #3 Bed and Breakfast, limited. A use that takes place within a building that, prior to such an establishment, was a single family detached residence at least 50 years old that is suitable for listing on the National Register of Historic Places or is located in an historic district, that consists of renting from one to six dwelling rooms on a daily basis to tourists, vacationers, and business travelers and where breakfast and sometimes other meals or snacks are provided and are available only to overnight guests. The maximum length of stay is 90 days out of 365. The homeowner or residential manager shall reside on site and employment shall not exceed two full time employees, including family members, in addition to the owner or manager. Recommended as a permitted use in the R-B, HD-1, B-1, and B-4 zones and as a UPOR in the A-R zone. Bed and Breakfast, expanded. A limited Bed and Breakfast establishment that has obtained an approved UPOR to hold special occasion events. Said UPOR may limit the number and type of special occasion events that can be held and require certain other conditions, such as expanded parking facilities. Recommended as a UPOR in the A-R, HD-1 and B-4 zones.

9 ADOPTION OF THE PINE BLUFF COMMERCIAL HISTORIC DISTRICT AS A LOCALLY DESIGNATED HISTORIC DISTRICT AGENDA ITEM #4 Robert Tucker will be giving a presentation on the possible designation of the downtown historic district that was placed on the National Register in May 2008 as a local historic district. The Commercial Historic District is roughly bounded by the Martha Mitchell Expressway to 10 th Avenue and Walnut Street to Alabama Street. Like the 5 th Avenue Historic District, if the Commercial Historic District is so designated, the City s Historic Commission will be able to develop rules and regulations concerning the district.