County Wants Clear Development Rules

At A Glance

Planning Review

In 1998, Benton County adopted a comprehensive set of planning regulations entitled, “Regulations, Standards, and Specifications for the Subdivision, Conveyance, Development, and Improvement of Unincorporated Land in Benton County, Arkansas,” otherwise referred to as planning regulations or “The Blue Book.” The planning regulations address a range of development areas including subdivisions, commercial and industrial development, telecommunications towers and equipment, mobile home parks, development in floodplains and other activities such as tract splits and planned-unit developments to achieve orderly development that ensures protection of a safe living environment and maintains the rural character of the unincorporated county. The Benton County Planning Department is developing a second-generation set of planning regulations that seek to address a number of shortcomings and offer the following improvements:

• More user-friendly to customers.

• Much clearer and understandable and less confusing.

• Offer three tiers of commercial site plan review to better address the smaller customer with a minor development or use.

• Provide a clearer, more efficient appeals process.

• Establish a better grandfathering definition and criteria.

• Create an index and improves the table of contents.

• Establish a more logical structure than the current version.

Source: Benton County

— Chris Ryan has a simple response to people who insist Benton County is edging toward zoning property as it reviews and updates county planning regulations.

“We don’t have a map,” Ryan said.

Ryan, county planning and environmental director, said the distinction between zoning and planning is often overlooked.

“Zoning relates to establishing specific land uses on particular properties,” he said. “We don’t limit use on any specific piece of property. We do apply planning standards that try to maximize the compatibility of new development with existing land uses.”

The county Planning Department is revising planning regulations, also known as “The Blue Book,” to simplify and clarify all rules and the planning process, Ryan said.

The Legislative Committee of the Benton County Quorum Court will begin a chapter-by-chapter review of the revised rules at 6 p.m. Jan. 15 in the Quorum Courtroom in the County Administration Building.

Justice of the Peace Kurt Moore has served on the Quorum Court since 1998, when the current planning regulations were adopted. Moore said a review and rewrite of regulations is needed.

“The Blue Book has been a nightmare from the get-go,” Moore said. “It’s a mish-mash of ordinances gathered together, and in many ways it’s contradictory.”

Moore has dealt with planning regulations as a justice of the peace, which has included sitting on panels hearing appeals of decisions from the Benton County Planning Board as recently as July 2012. A systematic review and rewriting of the regulations can only help, he said.

“I don’t think the policies are necessarily changing so much as they’re being made clearer,” More said. “This makes it more ‘user-friendly’ for the people who are looking into developing property. It should also make it easier for people that have small projects to get through the planning process.”

Revisions include some modifications that simplify the development process for small businesses, small additions to existing businesses or buildings and smaller developments, Ryan said. All developments went through the same process before. With the revision, developers can look at a single table and the criteria that fit their project will tell them how they need to proceed, Ryan said.

Justice of the Peace Tom Allen has dealt with the county’s development regulations as a developer and as a justice of the peace. He welcomes the opportunity to study and review proposed revisions.

“I did a development myself in the county about 10 years ago,” Allen said. “So I’ve been there and I’ve observed things as a JP, but it’s still not where I need to be. We need to study it aggressively and do everything we can to make it easier for the people in Benton County.”

Allen said he doesn’t want to debate the merits of planning regulations. He said he wants to help set sensible requirements the county can oversee and enforce.

“My concerns are very general,” he said. “I know we have to abide by certain building codes, but I don’t want to overburden our existing staff,” he said. “We have to remember we’re here to protect the public. We want our buildings to be safe, especially if they are for public use or if anyone is going to be living in them. We need to be sure things are built properly and wired safely. But if there’s any excessive regulation, I’m for striking that.”

Upcoming Events