The Planning Commission meeting March 10 ended with the question of how steps to fight the coronavirus could affect future meetings. Chair LauraJo Smole raised the prospect that the next meeting, scheduled for April 14, could fall during a period of social distancing. She asked if the commission could meet by telephone or email, but either of those solutions would violate public meeting requirements.
The commission had a larger attendance than usual last week, with members of the public attending to voice their opinions on the proposed Sonic Drive-In, trails, and a construction project on Fuller Street.
Kristi Kendrick led off public comments by asking commissioners to reconsider their approval for a Sonic Drive-in at the intersection of U.S. 62 and Arkansas Hwy. 23 South. She said the business will cause “a continuous traffic jam” on Jordan Drive, where she resides.
In addition to the safety concerns, Kendrick said she reviewed the plans submitted to the commission and found violations of city code. “This proposed development will create a traffic nightmare for all residents and visitors to Eureka Springs and will violate city code,” she concluded. [See story below]
David Gallia, who also lives on Jordan Drive, echoed Kendrick’s safety concerns, and asked commissioners to require that developers comply with all city codes, without waivers.
Parks compliance questioned
Linda McBride asked commissioners to exercise more oversight over projects of the Parks Commission. She said everything that applies to the rest of the city should apply to Parks, and “this has not been happening.” She asked the commission to “take a position on tree cuts,” and raised concerns about the Marble Flats trails project. “They should be held to the same codes as every private citizen,” she said. “I know you’ve tried, but I want you to try harder.”
On the same topic, commissioners also discussed a letter from Rachel Brix, who lives near the Marble Flats project, who alleged numerous procedural violations. Commissioners also had a written reply from Building Inspector Bobby Ray. [See sidebar.]
Building Inspector under fire
Craig Cox lives near a property on 5 Fuller St. and said the property owner has not complied with the plans approved by the commission two years ago. He said the building differs from the plans submitted, and some trees which were supposed to remain on the property “have been compromised” by construction on that site. He had pictures to document run-off onto his property.
Despite the apparent violations, Cox said no citations have been issued. He asked commissioners to complain to the mayor that “the building inspector is neglecting his responsibility and ignoring necessary enforcement of documented municipal codes.”
Chris Fischer spoke in support of Cox. He described the anger he felt when the commission allowed 45 trees to be removed without a plan, “It was beyond offensive,” he said. “It was illegal.” He asked how the commission could make a decision without the required site plan documentation. “I implore you to investigate the extent of the authority you have,” he said, calling for “more effective enforcement and follow-up of your decisions.”
April agenda filling up
The upcoming agenda will include a review of the Sonic approval. Commissioners will also look at the 5 Fuller project, to see if construction followed approved plans.
That agenda will also include a focus on trails. “We need to get something in our code about trails,” commissioner Ann Sallee said. “I think this is a priority.” She agreed with the need for a workshop, which will be held at 5 p.m. on April 14, before the regular meeting at 6 p.m. Sallee asked the other commissioners to research the topic in advance of the workshop, and she read some language from a Bentonville ordinance.
In other business:
- Sallee said she is ready to present a proposed ordinance to city council regarding on-site managers for bed & breakfast operations. City Historic Preservation Officer Glenna Booth said she had other changes to add and will email those suggestions to commissioners. If they decide to incorporate those changes into the final proposal, they may call a special meeting to approve the amended version.
- Commissioner Tom Buford said he presented a proposed tree ordinance to city council six weeks earlier. He described some delays in communication, and he said he and Smole would attend a workshop with city council at 6 p.m. on March 24. [On Monday afternoon, the city sent out a notice that the workshop would be re-scheduled.]
- Joseph Flynn is in the process of buying a property at 26 Mill Hollow Rd. The property has a Conditional Use Permit for one unit of tourist lodging, and Flynn received approval to continue the CUP. He said he plans to do a lot of work on the property, and income from the lodging unit will help support those efforts. Flynn had sent letters to neighbors, and they did not express any objection.
- Smole asked citizens dealing with the commission to “follow the recommended procedures” and maintain civility. She said Booth had been “treated in an extremely offensive manner” in the course of her duties. Smole asked applicants “to work with our staff members and not be adversarial towards them. They are there to help you.”
- This was the first meeting for Commissioner Mark Hicks.
Letter from Rachel Brix to Planning regarding trails’ building
I spoke with Bobby Ray several months ago regarding concerns I had with the trails building project on Marble Flats. I share lots with the owners of the that property and since I’m at the bottom of the mountain have been very concerned about excavating and tree removal and how it will affect run off, etc., on our property.
Bobby Ray told me at the time they “weren’t come down that far [toward our property]” and they didn’t need any permits. And that they didn’t need a variance, or to involve Planning. He claims to have “seen the plans” for this project. Well, if that’s the case the plans have changed, because I can see them excavating from my window.
Furthermore, he told me that he was up there and there was only one tree they removed that had needed a permit and they were going to HDC about 2 bridges (which have been approved).
Well, for the past few days (at least) they have been excavating for several hours only about 50 yards past our property line. And we see evidence of white markers in the area – for what we do not know. Does Planning know? Does Bobby Ray know? As a matter of fact, sitting in my living room last night I could see out my window where they’d parked the excavator. The attached picture was taken yesterday at my fence line.
I have several concerns. First, my understanding is all excavating work must go through Planning.
Who has determined this major excavation work will not affect our 1.5 acre abutting property?
Has Planning approved the excavation?
Has Planning seen the plans Bobby Ray says he has seen?
According to Code, public trails are not a permitted use in R-2, nor are they a conditional use; therefore, a variance should have been obtained through Planning. They are currently excavating in R-2. To my knowledge this was not done? Incidentally public trails are not a permitted or conditional use in C-2, either.
Since there is not much information being made public about this project and there seems to be extremely minimal city involvement, I am hoping you can exercise your authority in requiring compliance with City Code.
What is our recourse should the non-permitted excavating cause issues with runoff on our property?
I should certainly not (have) to dig and plead for information on what is happening next door to me, especially in the Historic District where we have to get permission to change paint colors. Your prompt and diligent attention to this matter is greatly appreciated. Thank you.
Rachel Brix, 1 Magnetic
Response from Building Inspector Bobby Ray
I received a complaint in 2019 from Rachel Brix of the trails being made at Marble Falls. Her concerns were for drainage, tree cuts, and access to Mill Hollow. I had performed an inspection in 2019 of the existing trails, bridges, and proposed new trails. There were a couple permittable trees that had been removed. That issue was rectified. I inspected the proposed trail, which was marked and flagged, and no other trees in those areas were required to have a permit. I spoke with Rachel and advised of the information from the inspection. She stated her main concern was about drainage runoff and whether they [Bentonville Trail Blazers] were going to use the existing trail that was put in by Denton West. She stated the existing trail went very close to her property line. I advised her the crew stated they would not be using the existing trail due to it being close to her property.
Again, received a complaint for Rachel recently. I performed another inspection March 6, 2020. The trail she references is on the GPS Mapping provided to my office and Glenna Booth. The issue of runoff to her property seems invalid. The trail crew is taking precaution not have the runoff directed to the Brix property. The trails location is a minimum of 15 to 20 yards from the Brix property. Yes, Rachel can see the equipment from her window, due to the crew removing dead fall and some scrub brush from the forest canopy along the trail. I found two trees that at first I thought required a permit. After further inspection the diameter was less than 4”, measured at approximately 4’ to 5’ from the root base. The no permit or variance requirements was a culmination of the results from conversations between myself and Glenna. Yes, trails are not listed as a permitted use or a conditional permit usage. The trails being constructed, in my opinion, are Public Use (which are permitted by right.)
I think the heading of Linda’s points is misleading and erroneous. She brings up several points, not all related to one another. Her point about Parks was:” Linda McBride asked commissioners to exercise more oversight over projects of the Parks Commission. She said everything that applies to the rest of the city should apply to Parks, and “this has not been happening.”
Her point about Marble Flats was, “She asked the commission to “take a position on tree cuts,” and raised concerns about the Marble Flats trails project. “They should be held to the same codes as every private citizen,” she said.
She is asking Planning to have more oversight on several things, just as every other public speaker did that night.
Incidentally, this article has another error. Mike writes, “On the same topic, commissioners also discussed a letter from Rachel Brix, who lives near the Marble Flats project, who alleged numerous procedural violations.”
In fact, chair Laura Jo Smole went rogue, disregarded the approved agenda to discuss my letter, and actually said “We will not be discussing her letter” and instead during that agenda item detailed the alleged mistreatment of city employees.
Not one word of my letter was even mentioned, let alone “discussed.”
However, not on the agenda was Bobby Ray’s letter but that was, in part, read into public record.
Why is the Parks Commission being called out about compliance on the Marble Flats project?