Editor,
On February 11, the Eureka Springs Planning Commission approved plans for a Sonic at the corner of 62 & 23 South. This was done without the required legal advertising and posting on the property.
This was also done without the commission considering all the provisions of City Code that the proposed plans violated (at least 13). They didn’t consider the effect on the residents and businesses on Jordan Drive, the street that runs between the old Ozark Village Restaurant and the Quality Inn, which the Sonic has essentially appropriated as part of its parking lot.
Of even more importance to the residents and tourists in Eureka Springs, they didn’t consider the danger (not to mention the inconvenience) to all persons who use the intersection of 62 and 23 South.
The proposed plans have the main entrance and exit of the Sonic through Jordan Drive, with a secondary exit in the lane where 62 going East merges into 23 South. Imagine the effect on the traffic at the intersection of 62 and 23 South after school lets out and during the Spring Fling, BBB, automobile weekends, Diversity weekends and War Eagle weekend, when cars will be turning left on 62 right across the lane where 62 merges into 23 South, when cars will be coming out of that point to turn right onto 62 going East, confusing cars turning right off 23 South onto 62 going East, when cars will be exiting into the lane where 62 merges into 23 South and are yielding to cars going West on 62 and turning onto 23 South, and so on.
What a mess!
Thankfully, the approval was contingent upon the consent of Public Works and ARDOT, who at the time of this writing have not yet weighed in. Please contact Mayor Butch Berry at 253-9703 or mayor@eurekaspringsar.gov (or his assistant Kim Stryker at 253-9702 or kim.stryker@eurekaspringsar.gov) and Dwayne Allen of Public Works at 253-9600 or dallen@cityofeurekasprings.org to let them know what a bad idea this is.
Maybe the time has come to discuss a roundabout at that intersection.
Kristi Kendrick
Sonic – City Code Violations
The site plan and elevations for the proposed Sonic development that were submitted to the City with the Application show several violations of the Eureka Springs Municipal Code, including, but not limited to, the following:
- The plot plan submitted with the Application does not show the exact size, shape and dimensions of the lot to be built upon, does not show the exact size and location on the lot of all existing buildings and structure, does not show the exact size and location on the lot of the structure or building proposed to be erected and the size and arrangements of the ingress and egress drives for all off-street and loading facilities, as are required by Sections 11.12.04(B)(3) and 14.08.09(B)(3) of the Eureka Springs Municipal Code; and
- Because the location of Jordan Drive, which abuts the Property, is unknown, the Building Inspector should have required a survey prepared by an engineer registered in the state of Arkansas of the boundaries of the lot on which the improvements is proposed to be located, as may be required by the Building Inspector pursuant to Section 11.12.04(C) of the Eureka Springs Municipal Code.
- In approving the Application, Planning did not review the appropriateness under the Eureka Springs Municipal Code, all city adopted building and/or construction codes and any adopted guidelines of the Eureka Springs Planning Commission, as is required by Section 13.04.06.01 of the Eureka Springs Municipal Code.
- The proposed development does not provide “every consideration for driving safety”, which is required by Section 14.08.01 of the Eureka Springs Municipal Code for development of commercial facilities in Zoning District C-2-C.
- The site plan does not show a front yard minimum setback off Jordan Drive of the “same as average setback of neighborhood (within block),” as is required by Section 14.08.01 of the Eureka Springs Municipal Code for development of commercial facilities in Zoning District C-2-C. The setback off Jordan Drive of the Quality Inn across Jordan Drive from the proposed Sonic development is at least 50 feet.
- The site plan does not show a concrete curb of at least six inches in height between Jordan Drive and the parking lots of the proposed Sonic development, as is required by Section 14.08.06(G) of the Eureka Springs Municipal Code.
- The site plan shows entrance and exit drives on Jordan Drive that exceed 40 feet in width, in violation of Section 14.08.06(I) of the Eureka Springs Municipal Code.
- The site plan shows exit drives onto Jordan Drive and U.S. Hwy 23 South that are located less than 40 feet from the street intersections, in violation of Section 14.08.06(I) of the Eureka Springs Municipal Code.
- The site plan does not show landscaped strips of not less than five feet in width separating the parking areas of the proposed Sonic development from Jordan Drive, in violation of Section 14.08.06.2(A) of the Eureka Springs Municipal Code.
- The site plan does not show the outside seating area enclosed by a brick wall which is shown on the elevations, in violation of Sections 11.12.04(B)(3) and 14.08.09(B)(3) of the Eureka Springs Municipal Code.
- The BZA did not publish a public notice of its hearing at least once in a newspaper of general circulation in the city at least eight days before the hearing, as is required by Section 14.08.10(C)(2)(a) and (D)(3) of the Eureka Springs Municipal Code.
- The applicant did not post at least one conspicuous sign on the Property at least two feet high by three feet wide on the Property, as is required by Section 14.08.10(C)(2)(c) and (D)(3) of the Eureka Springs Municipal Code.
- The BZA held a hearing without the required public notice, in violation of Section as is required by Section 14.08.10(C)(2)(d) and (D)(3) of the Eureka Springs Municipal Code.