Officials Nix Recycler

Planners Unanimously Deny USA Metal Permit

— Benton County’s Planning Board voted unanimously Wednesday to deny a permit for a metal recycling facility near Gentry.

The board denied an application for a commercial/industrial large-scale development plan submitted by Tom Smith of Springdale, owner of GT Land Management, which also owns USA Metal Recycling.

At A Glance

Board Action

Benton County's Planning Board on Wednesday:

• Approved plans for the expansion of the Area Lake Boat and Mini Storage at 15055 E. Arkansas 12 in Prairie Creek.

• Set a Jan. 2 public hearing for an expansion of H&H Classic Parts, an auto parts dealer, for showroom, office and warehouse space at 12325 E. Arkansas 72 near Bentonville.

Source: Staff Report

The Planning Department staff recommended denial of the permit, citing 11 “key outstanding issues” beginning with the incompatibility of the development with the surrounding area and including environmental concerns, potential nuisances, errors in a submitted storm water management plan, lack of compliance with the Americans With Disabilities Act, traffic concerns and others.

Smith said during the meeting he disagreed with many of the staff’s conclusions and recommendations. He said past use of the site as a trucking terminal led him to believe his planned use was acceptable.

“The reason I bought that facility is because it was a trucking terminal, which if I understand it, is heavy industry,” Smith said.

Mark Curtis, board chairman, disagreed with Smith’s contention the site was suitable for his proposed use. Echoing Board member Ken Knight, Curtis also said the board needed to consider the concerns of Gentry in regard to the proposal. Gentry’s city attorney and a member of the city’s Planning Commission objected to the plan at the Dec. 5 public hearing.

“I think this is a very incompatible use,” Curtis said. “Part of our job is to plan for the future. This facility would be to the detriment of the city of Gentry.

After the vote, Smith left the meeting room. He said outside the room he hasn’t given up on his plans.

“I would say it’s unfortunate,” Smith said of the vote denying his application. “They can expect an appeal.”

Curtis said after the meeting he’s satisfied with the work done on the application and the board’s decision.

“That’s not unexpected,” Curtis said when told Smith was contemplating an appeal. “He’s got a lot of money invested in the property. I’m very comfortable in the process. The staff has put a great deal of time, study and effort into this issue.”

Curtis said the compatibility question was a strong factor in his decision to vote against the permit.

“This was the highest degree of change of use,” Curtis said.

Wednesday’s meeting was the third Planning Board session at which the USA Metal proposal was considered. At its Nov. 21 meeting, the board held a Technical Advisory Committee review of the proposed large-scale development plan for the company’s property on old Arkansas 59 near Gentry. The company began operating there in October without having gone through the planning process and was sent a notice to cease operation until it obtained the required approval.

On Dec. 5, the board tabled action on the proposed large-scale development plan for the 39-acre site near Gentry. The board voted at that meeting to wait until the company could present more information, including the results of its storm water permit application pending with the Arkansas Department of Environmental Quality and an environmental assessment from Environmental Services Group, the firm hired by USA Metal to do the permit work.

The board tabled the matter after a nearly three hour public hearing at which nearby residents complained about noise, dust, traffic, potential air and water pollution and the alteration of their rural residential neighborhood.

Rick Williamsm a planning board member, cited Smith’s failure to provide the required information as one reason for denying the permit. Curtis said he was concerned about possible contamination of the watershed, citing the reliance of several neighbors on wells. Several board members pointed to the conflict between the recycling facility and the residential and agricultural use of the surrounding area.

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